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Original poster

Feel sick after reading this :(

44 replies

somedayillbesaturdaynite · 30/06/2011 19:22

Isn't it hard enough to get a rape case to court without this 'new' defense? Surely any guy accused now is just going to claim he has this condition.

Sexsomnia

OP posts:
Yukana · 04/07/2011 12:45

That makes me feel rather sick too... Sexsomnia is on the rise? Hmm Really now? Seems like an excuse for rape is on the rise more like. Even if the man did suffer from this condition, it does not make it 'okay'. Poor girl is probably heavily traumatised from that happening to her. :(

belledechocchipcookie · 04/07/2011 12:48

If he knew that he had a 'problem' then he should never have stayed in the same room and the same bed. He raped her and he could have prevented this. Poor girl. Sad

meditrina · 04/07/2011 12:48

The defence of being asleep isn't exclusive to rape. Here's an overview from wiki of homicide cases.

belledechocchipcookie · 04/07/2011 12:54

That's US law meditrina, there's a different legal system here.

I can't see how he can use this as a defence, he was aware prior to this incident that he had this 'problem' and should have taken measures to ensure that he was not a danger to others.

wonkylegs · 04/07/2011 13:04

If he knew he had a problem then he had the responsibility to make sure that he at least informed others that they were in danger or if he didn't want to do this to make sure that they weren't there in the 1st place!Angry
I do understand that people can be completely unconscious of what they are doing when they are asleep ( DH often gets up and does scary stuff in his sleep, but I am aware of the problem, we've discussed it, know what the triggers are and take steps to avoid him scaring the hell out if me
Personal responsibility steps in as soon as you know there is a problem!!

Makeminealarge · 04/07/2011 13:11

Ive never read such tripe before. In all my years studying criminology this is a new one. The significant point to remember was that he got up put the kettle on then assaulted her again.

What on earth was the girl doing in his bed anyhow?! this trial will get ripped to pieces and because of all the holes I honestly wouldn't be surprised if it gets thrown out the window.

meditrina · 04/07/2011 13:13

The cases cited in the wiki are from a number of jurisdictions, including UK.

The linked article in OP ended by stating "the trial continues" - has there been a verdicy yet, if so can anyone link it, and ideally the court report too?

aliceliddell · 04/07/2011 13:15

What was she doing in his bed? What? Next time you're studying criminology, look up the law on rape. AFAIK, it has something to do with 'consent', whatever that is.

belledechocchipcookie · 04/07/2011 13:27

She didn't consent Make, she was asleep! It's irrelevant whether she was in the bed or walking down the street. He knew that he had a 'problem' and he should have kept away.

IslandMoose · 05/07/2011 10:16

According to today's Guardian he has been cleared.

Belle - you're right, she didn't consent. Unfortuantely, for there to be a crime at all under English law, the majority of offences (including rape) require a degree of intent on the part of the perpetrator. The jury here seem to have accepted that the intent necessary to commit the crime was absent in this case.

Bandwithering · 05/07/2011 10:18

wow. maybe she should murder him and claim she had murderomnia. Would that defence work though? Hmm

IslandMoose · 05/07/2011 10:19

If the jury were to buy it, there's no reason why not!

maresedotes · 05/07/2011 10:24

I think I may possibly have heard it all now. The excuses that are made up re:rape make me so angry. Nothing to stop rapists adding this one to their long list now.

meditrina · 05/07/2011 11:52

Bandwithering: it can work as a defence against murder. The burden of proof is usually high. I would hope it has been for this too.

< off to look for a Court report to see if it sheds light on this particular verdict >

TheFarSideOfFuck · 05/07/2011 11:55

Absolute bollocks

Just another pathetic "reason" why men get away with raping women

belledechocchipcookie · 05/07/2011 11:55

I have a degree in law Moose Grin

There's a different article online (somewhere), it states that he did not know that she was in his bed. I imagine that they used this fact to absolve him of any responsibility.

meditrina · 05/07/2011 12:02

I can't find a proper Court report (yet), but the online tabloids are saying it was a unanimous verdict of "not guilty" in this case.

But whilst googling, I found this report from 2009 when the "sexsomniac" was found guilty. So whether this works as a defence must rest on the wider circumstances of the case, which the Jury in the Davies case will have heard in more detail than has (yet) been reported.

Bandwithering · 05/07/2011 12:15

It is bollix isn't it? Enough rapists walk as it is.

Even if HE can be absolved of all responsibility, it still happened to HER.

PurpleStrawberry · 05/07/2011 12:53

Sickened.

So he had no idea he had sex with her, but he was perfectly conscious enough to get up and make himself a cup of tea afterwards.

octopusinabox · 10/07/2011 16:34

This reply has been deleted

Message withdrawn at poster's request.

Original poster
somedayillbesaturdaynite · 11/07/2011 02:31

:(

OP posts:
apple0211 · 11/07/2011 07:38

It is truly shocking - having read an interview with the mum and daughter in the paper (lets hope it was accuarate) I do wonder what on earth the young womans mother was doing putting her 16 year old daughter in bed with him in the first place ??

LeggyBlondeNE · 12/07/2011 11:09

Without knowing any more details on this particular case, the cup of tea thing is at least plausible as a sleepwalking action. People can do all kinds of complex behaviours while completely unaware of it especially if it's a regular behaviour in waking hours.

Of course, while I think 'sexomnia' does exist, one ought to have a very high level of proof to use it as a defence and it certainly shouldn't be something just anyone can claim to have.

Tcanny · 20/09/2011 18:49

As a man with sexomnia I will shed some light on my personal experiances. I first became aware of my condition shortly after becoming sexualy active. Fortunatly I was involved in a relationship with a more mature woman who had encountered a sexsomniac before. I myself will initiate sex with an adult or near adult who is sharing a bed with me. I dont personaly leave the room im in or even get out of the bed im in.

Having said that I will initiate sex with people in my sleep, I take very great care to NEVER EVER put myself in a position where I could do something I would regret for the rest of my life. On no occasion will I sleep in a room with someone who is unaware of my condition. Also I will not sleep in a room with someone I would not be happy to have sex with (I only sleep in a room with my wife now). To do anything else would be like playing sexual Russian Roulette. I feel any person who knowing they have sexomnia sleeps in a room/bed with an unknowing person is being very reckless indeed.

If anyone wishes to speak further on this matter im happy to share my email adress, feel free to contact me on [email protected]

All the best out there Andy

HereBeBolloX · 20/09/2011 22:40

Hmm. Funny how sexsomnia only ever seems to strike when a sleeping man is with a woman. They never get attacks of it when they're sharing dorms with troops of Hell's Angels, or in these straitened times, in Travelodges with male colleagues, do they?

Coincidence?

I don't doubt that it probably exists. But as the last poster says, if you've got it, it's up to you take responsibility for it and make damned sure that if there's any chance at all that you're going to end up asleep next to anyone anywhere, you let them know that you might suddenly up and rape them, so that they can make an informed choice as to whether to stay in the same room/ railway carriage/ other space with you. If you don't let them know, then surely you're guilty of negligence, like those cases where people were found guilty of assault for havnig passed on HIV knowingly.