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Abstract

macrumors Penryn
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Dec 27, 2002
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http://today.reuters.com/news/newsa...1_DIT257314_RTRUKOC_0_US-CANADA-SEXSOMNIA.xml

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.

I understand this man's pain.

*wakes up, peels himself off the refridgerator door, and puts his pants back on*
 
Abstract said:
I understand this man's pain.

*wakes up, peels himself off the refridgerator door, and puts his pants back on*
Better to show genuine affection for the fridge rather than the oven soon after it has been at 400 degrees for 45 minutes.
 
CorvusCamenarum said:
He says he was asleep at the time of the incident but he apparently had the presence of mind to put on a condom? Sounds dodgy.

Condom usage = a lame attempt to create an alibi so that authorities would have difficulty sticking the crime on him. Even Denny Crane and Alan Shore would be challenged to mount a good defense in court on this one.
 
Crazy Canadians............:rolleyes:

What I want to know is, did the victim leave the courtroom in tears because he was set free, or did she leave the courtroom in tears because he fell asleep while having sex with her ??
 
Deepdale said:
Even Denny Crane and Alan Shore would be challenged to mount a good defense in court on this one.

i believe that "sexsomnia" is probably the best and most pleasurable defense one would ever wish to "mount", eh?:D
 
I feel sorry for the victim. He basicly raped her and proclaimed "I couldn't help it! It was an accident!" in court.
 
Well, people who sleepwalk, etc, do very complicated things in their sleep, including manipulating tools and devices. It's strange... but it also seems like a strange thing to do to rape someone and then call yourself in....

If this man has prior medical evidence of the condition, then he should have taken adequate precautions to guarantee that he would not fall asleep at a party. If he cannot or will not do that, then he ought not be simply acquitted, but has to be involuntarily committed to such a place as can keep people safe from him, until he can be cured....
 
mkrishnan said:
Well, people who sleepwalk, etc, do very complicated things in their sleep, including manipulating tools and devices. It's strange... but it also seems like a strange thing to do to rape someone and then call yourself in....

If this man has prior medical evidence of the condition, then he should have taken adequate precautions to guarantee that he would not fall asleep at a party. If he cannot or will not do that, then he ought not be simply acquitted, but has to be involuntarily committed to such a place as can keep people safe from him, until he can be cured....
Locking jockstrap with cup. Leave key at home.
 
CanadaRAM said:
Locking jockstrap with cup. Leave key at home.

Essentially, yeah, I guess... or else being there with friends or relatives who are willing / able to manage him.

There does seem to be some longstanding research out there that confirms that there are people out there who claim this kind of behavior and show EEG patterns consistent with parasomnia.... And in many of those cases, there is no claim of sex assault. So I'm not so sure one can say categorically that this is just malingering, without at least seeing the evidence that was presented at court. That doesn't excuse risky behavior while knowing the diagnosis, though....
 
CanadaRAM said:
Someone I knew sleepwalked through the house, unlocked the door, walked out on the patio which was under construction and walked straight over the edge where the stairs weren't anymore - headfirst on the cement and died.
i don't mean to be insincere, but how could they prove he was actually sleepwalking?
 
vixapphire said:
i believe that "sexsomnia" is probably the best and most pleasurable defense one would ever wish to "mount", eh?:D

Pleasurable ... at least until the verdict is read. After it is all over, the only thing that will be regularly mounted will be the walls of the cell.
 
If he already knew that he could assault someone sexually during his sleep, then it is his responsibilty not to fall asleep close to a non-consenting girl, isn't it?

Edit: I see the point has already been made by mkrishnan. I agree.
 
Whigga Spitta said:
i don't mean to be insincere, but how could they prove he was actually sleepwalking?
Hmmm. I'm sure you didn't mean to be insensitive and all but the answer is that his wife held him in her arms on the ground outside their house and got to talk with him a minute or two as he died.

I am sorry I can't offer you any further documentary evidence...
 
Trevor, I'm so sorry about your friend.... I had a few bouts with sleepwalking when I was a kid, and nothing bad ever happened too me, but it was scary to think that I could endanger myself without even being aware of it. And I know that it was scary for my family as well. It must have been terrible for your friend's wife to lose him in this way. I'm glad she got that moment with him at the end, but I'm so sorry for her loss.
 
You dont fall asleep with a condom on.

You cant sleepwalk, get hard, find/open/put on a condom and then have sex.

You have to be somewhat aware of what you are doing to use a condom, and he had one one when he "awoke on the floor in a daze".

He had enough sense to rape her with a condom, but it proves he was not sleep-f*ckin
 
Sdashiki said:
You dont fall asleep with a condom on.

You cant sleepwalk, get hard, find/open/put on a condom and then have sex.

You have to be somewhat aware of what you are doing to use a condom, and he had one one when he "awoke on the floor in a daze".

He had enough sense to rape her with a condom, but it proves he was not sleep-f*ckin

Do you have a sleeping disorder? Can you tell beyond all doubt when you are awake and when you are dreaming? Ever dreamed you were having sex? Ever have sex that felt like a dream?


peace | neut
 
Speaking from experience, I know that it is possible to do extreme things while sleeping. I remember sleepwalking one time while we were on vacation. I left the hotel room, walked down the stairs and had finished half of a conversation with the lady at the front desk by the time I realized it. I know it happened because I woke up during the conversation, finished the conversation (abruptly - ok, bye) and went back upstairs, only to find that the door had locked behind me. I had to wake up my dad to let me back in.

I also sleep talk, my wife can confirm this, as I yelled at her saying that "I'm not sleep talking!"

Funny thing is, I remember the whole thing. When things like that happens, you often do remember it. Your mind tells itself that its only a dream, but your subconscious takes over your functions, and you start to do things, but really you think your dreaming.

Neut, in response to your questions: Yes, Not always, Yes and Heck Yes!
 
neut said:
Do you have a sleeping disorder? Can you tell beyond all doubt when you are awake and when you are dreaming? Ever dreamed you were having sex? Ever have sex that felt like a dream?

come on, who hasn't had sex in the middle of the night, its kinda surreal. you know, youre in bed with your significant other, then you both move around enough and realize youre both half awake, give each other a kiss, and the next thing you know youre having sex!

my question is how did the girl not notice earlier? i bet they had both been drinking heavily at the party they met at. then one thing led to another and they were having sex. but then she realized she didnt want it and called the cops horribly mean thing of her to do. but it was the right thing for the guy to turn himself in. i just think it would have been a more believable story if they had just said they were drunk.
 
wPod: Why do you make up this story? I get all sorts of bad vibes from your post. If it was at least based on the guys testimony I would be fine with it, but nothing in the article suggests that the guy said things had been leading up to consenting sex.
 
strange indeed. one more good reason not to become a housekeeper at a hotel, cause I don't want to be in charge of this guy's room when he spends the night :eek: :D
 
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