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Thread: Man acquitted for rape because he was asleep

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    SVZ
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    Default Man acquitted for rape because he was asleep

    Sexsomnia..
    Fri Dec 2, 2005 10:55 AM ET

    TORONTO (Reuters) - The Canadian province of Ontario plans to review a court decision that acquitted a man of sexual assault charges because he suffers from "sexsomnia" and was asleep at the time of the incident.

    The Office of the Attorney General, which oversees the province's prosecutions, said on Thursday it needs to research its options for an appeal because of the strange circumstances of the case.

    "This matter will be carefully considered to determine our next steps," said Brendan Crawley, a spokesman for the Attorney General.

    Jan Luedecke, 33, was acquitted of sexual assault charges on Tuesday because he said he was asleep during the attack.

    A sleep expert testified that Luedecke suffers from a disorder that causes sexsomnia -- involuntary sexual behavior during sleep -- which he had experienced before.

    The court heard that Luedecke and the female victim met at a party. She testified she fell asleep and woke up to find Luedecke having sex with her. She pushed him away and called the police.

    Luedecke confessed to police after he discovered was still wearing a condom and realized he had had sex.

    Canadian media reported that the victim left the courtroom in tears when the verdict was read, and said she would take the case to the highest court possible.

    The Crown has 30 days to present its appeal.

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    Friend of Gossip Rocks! buttmunch's Avatar
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    Default Re: Man acquitted for rape because he was asleep

    Well, what is there to say except Although I did see a program on Discovery once about a bunch of people who had committed all sorts of hideous crimes in thier sleep, which they couldn't really be held responsible for simply because they were sleep walking. It's not easy to come down on one side or the other in this one.
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    Elite Member sweetrebel's Avatar
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    Default Re: Man acquitted for rape because he was asleep

    Lifetime had a movie about a guy who killed his MIL and almost beat his FIL to death-his defense was sleepwalking and he got off...
    I have to wonder about this, though. How does he know that it has happened before? Has he done this to a SO or some other unsuspecting person-what if it happened to a child? Would he get off then?
    THE EASIEST WAY OUT IS THROUGH....

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    Elite Member miss_perfect's Avatar
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    Default Re: Man acquitted for rape because he was asleep

    I guess he got off because they couldn't prove intent? This seems really shady.

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    Default Re: Man acquitted for rape because he was asleep

    Actions through sleep are generally classified as non-insane automatism. The theory is there is no intent, and the person is unconscious when they were acting. I don't know how Canadian law classifies it, but it seems similar to English law here.

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    Elite Member Tiara's Avatar
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    Default Re: Man acquitted for rape because he was asleep

    Quote Originally Posted by buttmunch View Post
    Well, what is there to say except Although I did see a program on Discovery once about a bunch of people who had committed all sorts of hideous crimes in thier sleep, which they couldn't really be held responsible for simply because they were sleep walking. It's not easy to come down on one side or the other in this one.
    Me too, I saw that!! There was a man on it that had been building something with his tools during the day then got up in the night and proceeded to build in his sleep. When his wife came down to see what the hell he was doing and tried to get him to return to bed he stabbed her with one of his tools and threw her in the swimming pool.
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    Default Re: Man acquitted for rape because he was asleep

    geeez....my bf can't manage to put on a condom awake, and this guy does it while asleep?

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