December 1, 2005

Sexomnia.

A defense to rape that worked in Canada.
[A]t a trial, sleep experts testified that [Jan] Luedecke suffered from sexomnia.

A judge then ruled Wednesday that the landscaper was essentially sleepwalking during sex and was not guilty of the rape....

Four other women testified the Luedecke had previously had "sleep sex" with them as well, according to the report.

24 comments:

jeff said...

I think I'd just sentence him to spend his nights in jail then...

Eli Blake said...

This doesn't make sense to me. I can understand that he might sleepwalk, and maybe even have sex while in a state of sleep, but wouldn't he wake up if some of those women started slapping him?

However, my suggestion would be for the neighborhood women to simply keep a very large pencil sharpener (like the ones they use for those first grade pencils) near their bed. Guide him into it, and start turning the handle. Pretty quick, he will 1) wake up and 2) convert to Judaism.

P. Froward said...

So, what are they saying, it's no big deal if he runs around raping women, as long as it's an autonomous function?

I would have thought that the problem with rape is that somebody is being raped, which remains true whether the rapist is awake or not.

I guess they're being "nuanced".

wildaboutharrie said...

Were there any conditions? Shouldn't he have to agree to give up drinking, since alcohol use can trigger the behavior? Did he know about his condition? Doesn't he have any responsibility here?

And what about the women?

Meade said...

So if I have this right, alcohol brings on this rare mental condition which is some sort of sleep masturbation disorder? I'll bet the judge found the guy not guilty because there hadn't really been a rape. The afflicted sexomniac essentially had 'wet dreams' while laying upon sleeping women.

It's creepy but it's not rape.

Eli Blake said...
This comment has been removed by a blog administrator.
Paul said...

I suppose it made sense to ask for a trial before a judge and not a jury, still I would like to hear how the experts convinced his honor.
I don't buy it. If his arms were limp how was he able to pin them?

Wade_Garrett said...

Even if this is a defense to rape, I'm surprised he wasn't convicted of a lesser included offense.

whit said...

Canada, oh Canada.

I think they have actually lost their minds.

Walter said...

Sex while sleepwalking. From the article it said that she woke up to find him on top of her, which leads me to ask why she was asleep in the same room with him? From the information about the party and alcohol, I expect that she was also drinking and went to sleep [cynic says passed out] on a couch at the party. Then went to sleep at the same party and had sleep walking sex with her.

It could be even worse, one of them could have invited the other to spend the night, but intending it to a sleep over like in the movie "BIG" [where the 13yr old in the 30yr old body asks a woman to spend the night, and then lets her have one bunk bed and he takes the other] rather the standard meaning being invited to spend the night with someone.

Meade said...

Paul: He didn't pin them. He didn't rape them. He had sleep sex on them.

Jacques Cuze said...

I do tell women, that this can happen to me, and if so, that it is very dangerous to wake me up. According to research, the best thing to do is gentle massage.

Meade said...

With a pencil sharpener?

Paul said...

Meade: I know they convinced the judge but how did they convince the judge?
I just can't picture a woman lying still while he does whatever he does on top of them. I supose one could freeze from sheer amazement.....
Masterful defense.

wildaboutharrie said...

quxxo, why do you think so small? Tell them to paint your house or something.

Anyway, from a quick search it looks like people (men only?) with this condition can become violent, but some actually become more sensitive lovers.

Weird.

Too Many Jims said...

I don't know, under the right circumstances, this decision seems right to me. (Wildaboutharrie asked, I think, the most important question: "Did he know about his condition?")

The judge concluded that: "His conduct was not voluntary." If a judge (or perhaps a jury) were to conclude similarly in this country, I think she would be compelled to find the defendant not guilty under most (perhaps all) state rape laws.

If I were a 1L and had a crim law prof who was known for picking real cases and throwing them on finals, I would be ready for this. It makes a great fact pattern. (I love the fact that the defendant did not realize he had been having sex until he realized that he had a condom on. So as a result of sexomnia, he has sex while sleeping but he is aware enough to put a condom on?)

SippicanCottage said...
This comment has been removed by the author.
Gabe said...

Thanks Jim, I really needed something else to worry about with my finals.

Anyone test me?

No Actus Reas because his actions were not voluntary.

Am I right?

Mickey said...

Sheep sex?
Oh, sleep sex.......
nevermind

chuck b. said...

Sleep fascinates me. Not to toot my own blog horn, but I blogged about some recent sleep research published Nature--the post has lots of links. If anyone's interested.

Bruce Hayden said...

I would think that the acquittal was a result of a lack of the requisite intent. I don't know what level of intent is required for rape in that country, but he seemed to me to lack both specific and general intent.

For example, in Arizona, sexual assualt is defined in ARS 13-1406(A) as: "A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person."

As can be seen in the case of sexomnia, the act is neither intentional or knowing, and thus, that element of the crime is missing.

Goesh said...

- and they shall keep pistols by their beds, or at least meat (penis) cleavers. It would have to be the latter in Canada.

Telecomedian said...

Ironic - this guy gets tossed in court for having sex while sleeping, yet I've been with women who started sleeping while we were having sex. No balance in the law today :)

F said...

Wasn't somnambulism already a recognised head of automatism in Candada after Parker (I think?)...I could be wrong, it's late, but I think they had already found sleep disturbance to be a case of automatism - no?