There seems to be an increasing acceptance by the courts (internationally, examples below span UK, Belgium, Australia and there are others) to accept sexsomnia as a complete defence to rape. Criminal law has the concept of 'recklessness' which means that even where it cannot be said the accused has formed the intention to act criminally, they can still be held accountable if it can be established there is:
(i) a circumstance when he is aware of a risk that it exists or will exist;
(ii) a result when he is aware of a risk that it will occur; and it is, in the circumstances known to him, unreasonable to take the risk."
Lee-Davies (43 yr old) cleared of raping 16 yr old
Belgian father acquitted of raping 4 year old daughter
Australian man acquitted of rape
AIBU to expect Sexsomnia not to be a complete defence to rape (or a defence at all), since to use the defence the accused have to show to the court they have the condition and therefore are aware of it and therefore must also be said to have been reckless as to the consequences of sleeping in the same house as women at all? AIBU to expect Sexsomnia sufferers to put in place precautions (bedroom locks, not inviting 16 year olds to nap on their bed if they are ill etc.) and if they don't to face being convicted of rape due to their reckless disregard to protecting others from themselves?
The courts are happy to use criminal recklessness in cases of damage to property and other sorts of crime. Why not Sexsomnia? Or AIBU in suspecting this is another case of 'oh it's one person's word against another's and seeing as one of those people is a man, he must be right'? Even when that other person is the accused's 4 year old daughter
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AIBU?
to think Sexsomnia (or Sleep-Raping) should not be a defence to rape?
93 replies
HeIsSpartacus · 19/08/2011 10:40
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Prolesworth ·
19/08/2011 10:42
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19/08/2011 10:43
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19/08/2011 10:48
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