Sexomnia? WTF?????
30-Nov-2005, 09:50 AM
#1
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Sexomnia? WTF?????
judge decides in 'rare case'
By NATALIE PONA, TORONTO SUN
Jan Luedecke tries to hide outside court yesterday after he was acquitted of sexual assault. (Dave Abel, SUN)
It wasn't a sexual assault -- it was sleep sex.
In an unusual case in a Scarborough courtroom yesterday, Jan Luedecke was acquitted of sexual assault after a judge ruled he was asleep during the attack -- a disorder known as "sexsomnia."
"This is indeed a rare case ... His conduct was not voluntary," said Justice Russell Otter, as Luedecke's victim shook, sobbed and then left the courtroom.
The judgment has outraged women's groups.
"This is infuriating. It's another case of the courts not taking a woman seriously, adding yet another list to the list of excuses which men use for sexual assault," said Suzanne Jay, of the Canadian Association of Sexual Assault Centres.
Luedecke, a 33-year-old landscaper, met his victim at a party on July 6, 2003. Both had been drinking.
WOKE UP HAVING SEX
The woman, who can't be named, had fallen asleep on a couch. She woke up to find him having sex with her. She pushed him off, then reported the rape to police.
She didn't know Luedecke before that night.
Luedecke claimed he fell asleep on the same couch and woke up when he was thrown to the floor.
He only suspected he had had sex after using the bathroom and discovering he was still wearing a condom, court heard. He confessed to police.
During his trial, sleep expert Dr. Colin Shapiro testified Luedecke had parasomnia -- a disorder with symptoms such as sleepwalking. Shapiro testified Luedecke suffered from sexsomnia, which is sexual behaviour during sleep.
BROUGHT ON BY ALCOHOL
It was brought on, he said, by alcohol, sleep deprivation and genetics.
Luedecke previously had sleep sex with four girlfriends, court heard.
Yesterday's decision comes after a hearing on whether Luedecke had a mental disease. Had he been found not criminally responsible, he would have had his case reviewed by a mental health board. That could have meant restrictions on his freedom, said University of Toronto law professor Hamish Stewart.
But his disorder doesn't mean he has a mental disease, Otter ruled. That means he faces no sentence.
News of the success of the sexsomnia defence may give rapists ideas, Stewart said.
"We may hear more forms of this defence from accused persons," he said, adding he has never previously heard of such a case.
Luedecke has cut down on his drinking and is taking pills to stop a repeat of his crime, court heard.
By NATALIE PONA, TORONTO SUN
Jan Luedecke tries to hide outside court yesterday after he was acquitted of sexual assault. (Dave Abel, SUN)
It wasn't a sexual assault -- it was sleep sex.
In an unusual case in a Scarborough courtroom yesterday, Jan Luedecke was acquitted of sexual assault after a judge ruled he was asleep during the attack -- a disorder known as "sexsomnia."
"This is indeed a rare case ... His conduct was not voluntary," said Justice Russell Otter, as Luedecke's victim shook, sobbed and then left the courtroom.
The judgment has outraged women's groups.
"This is infuriating. It's another case of the courts not taking a woman seriously, adding yet another list to the list of excuses which men use for sexual assault," said Suzanne Jay, of the Canadian Association of Sexual Assault Centres.
Luedecke, a 33-year-old landscaper, met his victim at a party on July 6, 2003. Both had been drinking.
WOKE UP HAVING SEX
The woman, who can't be named, had fallen asleep on a couch. She woke up to find him having sex with her. She pushed him off, then reported the rape to police.
She didn't know Luedecke before that night.
Luedecke claimed he fell asleep on the same couch and woke up when he was thrown to the floor.
He only suspected he had had sex after using the bathroom and discovering he was still wearing a condom, court heard. He confessed to police.
During his trial, sleep expert Dr. Colin Shapiro testified Luedecke had parasomnia -- a disorder with symptoms such as sleepwalking. Shapiro testified Luedecke suffered from sexsomnia, which is sexual behaviour during sleep.
BROUGHT ON BY ALCOHOL
It was brought on, he said, by alcohol, sleep deprivation and genetics.
Luedecke previously had sleep sex with four girlfriends, court heard.
Yesterday's decision comes after a hearing on whether Luedecke had a mental disease. Had he been found not criminally responsible, he would have had his case reviewed by a mental health board. That could have meant restrictions on his freedom, said University of Toronto law professor Hamish Stewart.
But his disorder doesn't mean he has a mental disease, Otter ruled. That means he faces no sentence.
News of the success of the sexsomnia defence may give rapists ideas, Stewart said.
"We may hear more forms of this defence from accused persons," he said, adding he has never previously heard of such a case.
Luedecke has cut down on his drinking and is taking pills to stop a repeat of his crime, court heard.
30-Nov-2005, 11:21 AM
#6
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Join Date: Mar 2004
Posts: 1,730
Re: Sexomnia? WTF?????
Originally posted by Double_B
BROUGHT ON BY ALCOHOL
It was brought on, he said, by alcohol, sleep deprivation and genetics.
BROUGHT ON BY ALCOHOL
It was brought on, he said, by alcohol, sleep deprivation and genetics.
i think 2/3rds of a full rape sentence would have been appropriate here..
so let me get this.. if i get into an episode of rage brought on by my voulantary consumption of alcohol, my voulantary staying up late every night, and my invoulantary superiour genes.. and i assault someone, i get off scott free???
30-Nov-2005, 01:42 PM
#11
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Join Date: Jan 2004
Location: North East
Posts: 2,578
Hey believe it or not there is some truth to this BS. There are also rare cases in which sleepwalkers have driven their car, and commited murder and have gotten away with it. He is probably telling the truth, he may not have known he was doing it but he should have still got charged either way.
30-Nov-2005, 01:52 PM
#13
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Join Date: Mar 2005
Location: Toronto
Posts: 1,498
ya, the case you speak of a guy drove across a damn city or something, murdered someone and returned home. Do i believe it, nope, do i think its a good lawyer....100%
ok if these guys were sleeping, counselling or something should atleast be ordere because now people will rape a girl with their eyes closed and say, sorry judge, my bad, i was sleeping the last 3 girls i raped.
ok if these guys were sleeping, counselling or something should atleast be ordere because now people will rape a girl with their eyes closed and say, sorry judge, my bad, i was sleeping the last 3 girls i raped.
30-Nov-2005, 03:31 PM
#17
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Join Date: Jan 2005
Location: scarborough
Posts: 6,394
i slept walked or whatever a few times when i was a kid.
one time i apparently walked to the kitchen, opened the over door, and pissed in the oven.
i woke up later completely unaware...
dunno if this guy is telling the truth though..
one time i apparently walked to the kitchen, opened the over door, and pissed in the oven.
i woke up later completely unaware...
dunno if this guy is telling the truth though..
30-Nov-2005, 03:51 PM
#18
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Join Date: Aug 2005
Location: London, On
Posts: 229
I don't see why you all think this is so outragous, stupid and false. These disorders exist and there are obviously tests that have been done to this guy to prove he has this disorder.
In the case of the man who slept-walked and killed is mother and father-in-law; I believe he wasn't aware of it and he was severely traumatized by it afterward. The human mind is extremely complicated and I think it's silly for people to disregard these cases by thinking they are made up to get away with things. Studies prove this stuff. I actually get offended by the women's rights group who say "this is just another excuse for rapists." Honestly, I feel sorry for the guy; a disorder like that which is out of your control alters your lifestyle.
It isn't like the judge based his decision on the guy's word. Scientific studies back this stuff up.
In the case of the man who slept-walked and killed is mother and father-in-law; I believe he wasn't aware of it and he was severely traumatized by it afterward. The human mind is extremely complicated and I think it's silly for people to disregard these cases by thinking they are made up to get away with things. Studies prove this stuff. I actually get offended by the women's rights group who say "this is just another excuse for rapists." Honestly, I feel sorry for the guy; a disorder like that which is out of your control alters your lifestyle.
It isn't like the judge based his decision on the guy's word. Scientific studies back this stuff up.
30-Nov-2005, 04:24 PM
#19
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Posts: n/a
Originally posted by 96hatch
I don't see why you all think this is so outragous, stupid and false. These disorders exist and there are obviously tests that have been done to this guy to prove he has this disorder.
In the case of the man who slept-walked and killed is mother and father-in-law; I believe he wasn't aware of it and he was severely traumatized by it afterward. The human mind is extremely complicated and I think it's silly for people to disregard these cases by thinking they are made up to get away with things. Studies prove this stuff. I actually get offended by the women's rights group who say "this is just another excuse for rapists." Honestly, I feel sorry for the guy; a disorder like that which is out of your control alters your lifestyle.
It isn't like the judge based his decision on the guy's word. Scientific studies back this stuff up.
I don't see why you all think this is so outragous, stupid and false. These disorders exist and there are obviously tests that have been done to this guy to prove he has this disorder.
In the case of the man who slept-walked and killed is mother and father-in-law; I believe he wasn't aware of it and he was severely traumatized by it afterward. The human mind is extremely complicated and I think it's silly for people to disregard these cases by thinking they are made up to get away with things. Studies prove this stuff. I actually get offended by the women's rights group who say "this is just another excuse for rapists." Honestly, I feel sorry for the guy; a disorder like that which is out of your control alters your lifestyle.
It isn't like the judge based his decision on the guy's word. Scientific studies back this stuff up.
