|
Sleepy man beats sex charge....
Sleepy man beats sex charge
Woman fails to convince judge of assault
By TAMMY MARLOWE, Sun Media
WINNIPEG -- A man who fell asleep while having sex with an older woman has been acquitted of sexual assault.
In acquitting the 26-year-old man, a provincial court judge said the 45-year-old alleged victim's testimony was too contradictory to be fully believed.
The woman, who can't be named to protect her identity, testified that the man was renting a suite in her elderly mother's basement. The man invited her one evening last May to share Chinese food, she told court.
DIDN'T LEAVE
The woman said he put his arm around her and pulled her legs up onto the couch as they were eating.
Later, the man went to the bathroom and the woman didn't take advantage of his absence to leave -- even though she claimed she felt threatened, said defence lawyer Evan Roitenberg.
Court heard the couple ended up in the man's bedroom, where he forced her to perform oral sex, the woman claimed.
Roitenberg asked on cross examination why the woman didn't bite him at that time.
"I'm not like that," she said. "I'm not a person who likes to be rude."
The woman said she was then pulled on to the bed and the two had intercourse. The sex ended when the man fell asleep while the woman was straddled on top of him.
NO EVIDENCE OF TRAUMA
No evidence of ripped clothing or trauma to the woman's body was found by police.
The woman also admitted she didn't try to pull away, strike or hit the man or tell him she was leaving during the alleged attack.
----
Ahahah!!!!!!! 
___________________
"In a world of illusion you only see what you feel"
|
