[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.
December 1, 2005
Sexomnia.
A defense to rape that worked in Canada.
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I think I'd just sentence him to spend his nights in jail then...
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.
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".
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.
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?
Even if this is a defense to rape, I'm surprised he wasn't convicted of a lesser included offense.
Paul: He didn't pin them. He didn't rape them. He had sleep sex on them.
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.
With a pencil sharpener?
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.
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?
Sheep sex?
Oh, sleep sex.......
nevermind
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.
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.
- and they shall keep pistols by their beds, or at least meat (penis) cleavers. It would have to be the latter in Canada.
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 :)
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?
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