Sexsomnia -- acquitted?!?

[Foz]

Ontario mulls appeal in sexsomnia case

TORONTO (Reuters) - 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.


====================


:nut: :confused::bullshit:

[HoisinSauce]

...... thats messed up

[mac_82]

I have never heard of someone putting a condom on in their sleep.... :dunno:

Sounds like :bullshit:.

[Foz]

What's interesting, is this isn't even in the US as one would expect.

Canada's judicial system gets another :thumbsdow

[BokCh0y]

wtf?

how can you throw on a rubber when you're still asleep? i have enough problems chuckin one on in the dark!!!!!

[abyss]

Yeah, I was thinking to myself yeah, I guess that could happen, but then I saw the part about him having a condom on. I find it hard to believe he managed that in his sleep.

[legendboy]

I completely agree with this being real, except the fact that he put a condom on.

[Carfanman]

WERD- Its seems everyone would believe him if it wasn't for that small detail. Maybe its just associated with his subconscious as a part of sex? Because he puts one on every time, and one happened to be near him when he was sleeping, and his mind knew where it was?

It seems unlikely, but I suppose its possible. Only one with sexsomnia would know if that could happen I suppose...

[403Gemini]

Originally posted by Carfanman
WERD- Its seems everyone would believe him if it wasn't for that small detail. Maybe its just associated with his subconscious as a part of sex? Because he puts one on every time, and one happened to be near him when he was sleeping, and his mind knew where it was?

It seems unlikely, but I suppose its possible. Only one with sexsomnia would know if that could happen I suppose...

well its not like when you goto sleep you are holding a condom. that means he had to get up, grab a condom, most likely from a shelf/nightstand/pants etc. either way, that requires quite a bit of thought process and isnt something you can subliminally do (generally).

i think its :bullshit: as well

[Foz]

The guy probably drove to a drug store to get a box of condoms.... yeah.. sleep shagging eh...

He got away with it for now..

:bullshit:

[GQBalla]

LOL hrmmssss,,,
wells

thats so bs for the guy!

poor girl:whipped:

[GirlsOnFire]

I feel awful for the girl but the court's decision isn't totally unreasonable if he has been diagnosed in the past with sleep disorders. Sleep walkers can complete all kinds of complicated tasks including getting their keys then getting into the car and going for a drive without ever waking up. Compared to touring the neighborhood putting on a condom seems pretty simple.

[doublepostwhore]

The real question is, why was the girl present in his bed or HE present in HER bed if she/he/both didnt intend on some sort of intimacy.

What kind of person invites someone to sleep in their bed without intention?

MJ is probably the sole exception.

[eljefe]

You have to wonder how this woman could have her clothes taken off her without being woken up. Unless she had taken them off before, odd both ways.

[FatboyTheHungry]

Originally posted by eljefe
You have to wonder how this woman could have her clothes taken off her without being woken up. Unless she had taken them off before, odd both ways.

Agreed. What was she doing sleeping nekkid with a stranger at the party in the first place...

[Civicguy]

maybe they did it before and he forgot to take the condom off and they both werent in the right frame of mind and didnt remember anything....then the dude had sex with her but she didnt know that she already did earlier that evening

[SI-vic]

put him in jail
that'll fix his sleeping problem
and if it doesnt
then he'll make a jailmate a very happy man

[Tyler883]

I don't care if he's mentally ill, sleep walking, or just a fucken pervert......if you do this kind of crime, you should do the time. Why the fuck should we give this guy a get out of jail card, right?

[Foz]

Originally posted by SI-vic
put him in jail
that'll fix his sleeping problem
and if it doesnt
then he'll make a jailmate a very happy man

:werd: It wouldn't be him wearing the condom..

:rofl: :rofl: :rofl:

[three.eighteen.]

my buddy has sleep walking episodes where pees on random shit...its totally possible

[Carfanman]

Originally posted by Tyler883
I don't care if he's mentally ill, sleep walking, or just a fucken pervert......if you do this kind of crime, you should do the time. Why the fuck should we give this guy a get out of jail card, right?



Umm, Hello..........

If he didn't do it intentionally, why the hell should he be punished?

Besides, maybe the she enjoyed the sex and is just complaining so she can get some money? Wh complain about getting laid?:rofl:

[FatboyTheHungry]

Originally posted by three.eighteen.
my buddy has sleep walking episodes where pees on random shit...its totally possible

:rofl: :rofl: :rofl:

[retro-steve]

Originally posted by Tyler883
I don't care if he's mentally ill, sleep walking, or just a fucken pervert......if you do this kind of crime, you should do the time. Why the fuck should we give this guy a get out of jail card, right?

it's called mens rhea...if you don't have the guilty mind of committing the crime you cannot be punished in canada.

[Tyler883]

Originally posted by Carfanman




Umm, Hello..........

If he didn't do it intentionally, why the hell should he be punished?



Just my opinion, but it seems to me that some actions are so heinous that "I'm sick" shouldn't be an excuse.

in this case, a person that "is sick" and therefore goes around raping people should not be allowed his freedom.

If you want to set him free, then fine, because I would still want him to be sent to jail for gross negligence or some other technicallity BECAUSE if he was aware of his sleeping disorder( aware enough to carry condoms and use them) he should have taken measures that are just as effective as jail.

But he didn't, so lets lock him up.

[Foz]

Originally posted by Tyler883


Just my opinion, but it seems to me that some actions are so heinous that "I'm sick" shouldn't be an excuse.

in this case, a person that "is sick" and therefore goes around raping people should not be allowed his freedom.

If you want to set him free, then fine, because I would still want him to be sent to jail for gross negligence or some other technicallity BECAUSE if he was aware of his sleeping disorder( aware enough to carry condoms and use them) he should have taken measures that are just as effective as jail.

But he didn't, so lets lock him up.

Exactly.. just because someone has a sleeping disorder does not mean they don't have to take responsibility for their own actions (sure even though give them the benefit of doubt where they are unaware of a situation).

What happens if someone with a sleeping disorder goes and kills a person? With no responsibility taken at all, why not continue to do it every week.

Just like those who use 'religion' as a excuse.

[Carfanman]

Using religion as an excuse is completely different. In one case you dont know that you're doing it, and in the other case, you do.


And if you had a dissorder, should you'r whole life be ruined because of it?

He didnt murder her, he fucked her. And its not like he even raped some random unwanting person. SHE WAS IN BED WITH HIM ALREADY!!!!!!!

[insane240]

Originally posted by doublepostwhore


What kind of person invites someone to sleep in their bed without intention?




Unfortunitly i can say from personal experience it can happen.... Definitly thought i was in but i guess she was just beeing a good host and didnt want me to sleep on the couch.. Damn you gotta hate the cock block.

[Foz]

Originally posted by Carfanman

He didnt murder her, he fucked her. And its not like he even raped some random unwanting person. SHE WAS IN BED WITH HIM ALREADY!!!!!!!

"The woman, who can't be named, fell asleep on a couch and said she awoke to find him having sex with her. She pushed him off, then called the police.

Luedecke claimed he fell asleep on the same couch and woke up when he was thrown to the floor. "

He claims that he fell asleep on the same couch with her. Okay, so if both of them were drunk. She passed out (no sexual consent given). He passed out on the same couch (claim).

Regardless of his disorder, he still completed the deed (perhaps not knowingly).

That still should have been considered rape.

I wasn't implying this fellow in this situation was a 'killer'. What about other disorders for sleep walking and they go around killing. Should they be let go without responsibility because they're sick? All the mass murders out there claim mental disorder but yet, they are prosecuted.

They still have to take responsibility for their actions. Yes, they are sick, they need help, but knowing that you have 'sexsomnia', it's your responsibility to not 'pass out' drunk with another girl nearby.

A person that is an alcoholic might as well drive, not knowingly because they're impaired to make a sane judgement call. Yet, they completely responsible for their own action.

[Tyler883]

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

So he knew that he had this disorder, right?

At the very least, I think he is guilty of a negligence crime that should carry the same penalty as a guilty rapist.

However, in my oprinion, it's too bad that they we wasted all that education on the judge and jury because they are too damn stupid to realize that this "sexsomnia" is a bunch of :bullshit: