davieG Posted 3 April 2013 Posted 3 April 2013 Merc A teenager accused of raping a girl at a sleepover claims he was sleepwalking during the alleged incident. He denies the offence, claiming he was suffering from a condition which has recently been termed "sexomnia". In a filmed police statement played at Leicester Crown Court yesterday, she said: "I remember just waking up and realising what he was doing. He was raping me.The 16-year-old girl said she woke up on a friend's sofa to find the 18-year-old on top of her, it was claimed. "It was without my consent or knowledge beforehand because I was asleep and he woke me up. It was the middle of the night. "I pushed his shoulders and chest. I was confused and afraid and managed to scramble away from him. "I fell off the end of the sofa. He moved away and said, 'I haven't done anything'. "He kept trying to grab me, saying I'd imagined it." The alleged victim said she had slept fully dressed on the sofa of the house in Loughborough, while the teenager had slept on the floor. She claimed the defendant later told a friend sleeping upstairs he had not done anything and suggested swapping rooms – and that if he left the room she would later wake up and think it was "all a dream". She claimed the defendant, also from Loughborough, had undone her belt buckle and pulled down her briefs, leggings and shorts to carry out the alleged attack while she slept on April 26, 2011. The girl claimed the accused was earlier "staring" at her, making her feel uncomfortable, as she and others watched the movie, Taken. She said she was reluctant to share the lounge with the defendant overnight, but did not make "a big deal" of it. She said: "I didn't think he'd do something like this." The girl claimed she fell asleep while watching television, after others, including her friend's mother, went to bed. She said she last remembers the defendant, also a house guest, arranging his sleeping bag on the floor. Felicity Gerry, prosecuting, said: "The defendant denies rape on the basis he was asleep and doesn't accept he penetrated her. "The Crown says you can be sure he was not asleep, but she was. He raped her and got caught. He claims he was sleepwalking." She said it was linked to a recognised condition known as "sexomnia." Miss Gerry said: "It wasn't a particularly rowdy evening, although there was some evidence cannabis had been smoked." The trial continues. Read more: http://www.thisisleicestershire.co.uk/Teenager-accused-raping-girl-claims-suffering/story-18596379-detail/story.html#ixzz2POZj6Y00 Follow us: @thisisleics on Twitter | thisisleicestershire on Facebook
Captain... Posted 3 April 2013 Posted 3 April 2013 Dodgy grounds this, unless it can be a proven medical condition that can be tested, and verified then this has to be rape, otherwise you will get this used in many defences. There is precedence of a man strangling his wife in his sleep as he had been dreaming he was being attacked, he was found not guilty of Murder as he had no intention. There is also documented cases of cannabis use causing lucid and vivid dreams, or being in a dreamlike state, but to get off the floor onto the sofa remove her clothes and start fvcking her whilst still asleep or only in a semi-conscious state is pretty far fetched.
davieG Posted 11 April 2013 Author Posted 11 April 2013 http://www.thisisleicestershire.co.uk/Sexomnia-teen-cleared-jury-Leicester-Crown-Court/story-18665493-detail/story.html Not guilty
Carl the Llama Posted 11 April 2013 Posted 11 April 2013 If I knew about this loophole I'd've raped hella bitches already.
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