Accused Rapist's Defense: 'I Was Sleepwalking' What...?

Question

Now, that is one good excuse, now, how many times do you think we will be hearing that in the future? Do you buy this?

http://abcnews.go.com/TheLaw/story?id=3529898&page=1

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Now, I know that as a child I use to sleepwalk, I would never remember it, and my parents would tell me the stories all the time. I would only wake up if I went outside because of the change of temperature, otherwise I could walk through the entire house and not wake up. Hard to believe you could do what he did and not wake up or remember.

Answer 1

That's the difference between statutory rape and forced rape.

For forced rape, mental state (intent) is an element of the crime, and hence it might matter if he was sleepwaking.

For statutory rape, mental state is not relevant -- either the action was performed or it was not. Hence, it doesn't matter if he was asleep during it -- it doesn't change the verdict.

Answer 2

A sleepwalking defense might be doable in some offenses, but in a situation like this - only a pervert themself would give such a defense merit. I don't believe a jury will give it much creadence. However, there are some perverted judges out there and it will depend on the judge (if this pervert has opted for a bench trial). I think our judicial system must hold judges to a higher standard than some are being currently....For instance how about the pervert who gave no jail to a child rapist and when confronted by fox news made it clear that (in his opinion) pediophiles are like alcoholics (They can't help themselves) This man is obviously a freak and should be disrobed....

Answer 3

There is a big push in the psychological community today to push for sleepwalking and similar conditions as criminal defenses. The basis for that is that people who sleepwalk are not concious of their actions, therefore should not be feld accountable.

Whether or not it will fly I guess rests in the hadns of the juries who have to decide the cases.

Answer 4

um, I highly doubt anyone could be sleepwalking and do that, and if so, they wouldn't stay asleep, that sort of stimulation and exertion WILL wake someone up, it doesn't matter how heavy of a sleeper they are, and when sleep walking you are actually on the verge of consciouness and so it is much easier to wake you. Anyone who uses that defense is just a sick pervert trying to get away with a sick act.

Answer 5

I believe I heard a story once before in which a man was acquitted of rape because he proved he had been asleep when the sex occurred. People have actually been known to have sex in their sleep, as odd as it sounds. People do *all sorts* of things in their sleep, actually...

Answer 6

I fell like I am going to vomit.That is absolutely despicable and I don't see how anyone with half their wits about them would buy that pervert's excuse.