How could the man who 'raped' me be cleared because he was sleepwalking?

[Are_grits_groceries]

A rape victim has hit out at the law after the man accused of attacking her was cleared because he was sleepwalking.

Jane McKenna, 33, was asleep at home when a friend's husband, who had been a guest at a barbecue, walked into the bedroom and started having sex with her.

Jason Jeal, a 37-year-old roofer with no medical history of sleepwalking, admitted sex had taken place. But he was cleared of rape after he insisted he had been asleep and had no idea what he was doing.
http://www.dailymail.co.uk/news/article-1085927/How-man-raped-cleared-sleepwalking.html

The verdict is a joke. The story is weird.

[msongs]

1. should be guilty no matter what condition - like that bogus insanity defense should

be guilty due to insanity, because the act was committed, NOT not guilty by reason of insanity - the behavior needs to be accredited regardless of the associated conditions.

Msongs

[LisaL]

14. Exactly. If somebody commits a crime, then he/she should be locked

up. And if he/she claims insanity or sleep walking, and the jury believes that, then I think he/she should be locked up in the mental hospital, not let off scott free.

[davekriss]

29. Agreed

At least to observe the person over many years to see if another dangerous episode of sleep walking re-occurs. Then they can work on it medically. But to get off scott free is a joke and an insult.

[varelse]

2. Walked in to her nine year old daughter's bedroom - beyond weird to "creepy"

'He had apparently walked upstairs, past the rooms where my husband and son were sleeping, and into my daughter's bedroom. It begs the awful question of what would have happened if I had not been in there with her.'

[helderheid]

9. I hate to say it, but thank GOD she was there with her - awful to have any victim, but so much worse

for a 9 year old.

[varelse]

13. I am positive the child's whole family feels the same way

especially the mother. A question in my mind is, what in the hell was the jury thinking? Was that fact even allowed into evidence?

[AngryAmish]

3. I'm a sleepwalker

I've done some real weird things when sleepwalking.

[GreenPartyVoter]

27. Me too. I once woke up halfway up the ladder to the attic. Had no idea how I had gotten there. It

was very fortunate I hadn't gotten all the way up in there because only half of the attic floor had boards on it. Had I taken a wrong turn I could have come crashing down through the ceiling of my brother's room.

I used to worry so much when I had my babies that I would sleepwalk and do something dangerous to them, but nothing ever happened. I guess I outgrew the sleepwalking phase of my life a long time ago.

[greguganus]

31. I sleepwalk and have turned on all the burners on the stove and gone back to bed...

...and my wife started taking the knobs off the stove at bedtime. I have beat on her, sleep eat, gotten something to drink and poured it on my head, run into walls, etc. I haven't sleepwalked in a while, but probably will after making this post.

[GreenPartyVoter]

32. For me it was a product of adolesence and overtiredness. Hence my fear

for my babies. Even though I was much older I was so freaking exhausted I wasn't sure that the sleepwalking wouldn't come back. (And when I just thought about it coming back I was sure that would trigger it.)

[AngryAmish]

40. I'm a straight dude

I was staying at a guy friend of mine's house. In the middle of the night I got up, stripped naked and got into his bed with him. I figure if I was going to make the moves on him I would have done it in the thirty years I knew him beforehand.

I have been found naked in hotel hallways - twice.

I never sleep in the nude but I take off my clothes all the time while sleepwalking.

I have gone to the bathroom in closets.

It is terrifying. Having lots to drink tends to bring it on and staying in a strange place.

[Sheepshank]

4. I took a wrong turn

"How could the man who 'raped' me be cleared because he was sleepwalking?" Based on the title of the thread, I though this was going to be a metaphore for why Bush should not face some sort of inquisition for all the crap he's pulled on Plame, phone tapping, etc etc etc etc.

But back to the subject matter....I wonder if this is the new substitute for the insanity plea. No institutional time need be served. I'm having a hard time wrapping my mind around this verdict.

[electron_blue]

5. Yes, the story is 'weird'. And the rape occurred on the woman's daughter's bed while the daughter

was awake and watching? This is a totally insane verdict.

[SmileyRose]

28. I'm confused.

did I misread the article? She was clothed and they found his DNA 'ON' her (not in her). Was she sexually assaulted or raped?

I know it's a stupid question. I'm just thinking about a guy sleepwalking might lay on top the wrong woman and start humping away, and when she wakes up, throws him off onto the floor he wakes up confused and mortified. But a rape would require him to take off her clothing, reposition her and then penetrate - which not in a chance in would be sleepwalking unless someone was chemically altered or had some seriously dangerous sleep/brain disorder.

So where's the idiot sleeping now? He pissed off his wife, and pissed off his friends. Wherever he is, I hope they all have locks on the doors............

edit - sorry, I intended this to be on the OP/not on your post.

[ayeshahaqqiqa]

6. If a "sleepwalking" man tried to rape me

he'd be wide awake and in a lot of pain very very quickly.

[barbtries]

7. my first reaction too

no way could anyone commit rape against me and not be awake.

[prayin4rain]

35. and the whole house be awakened??? n/t

[SmileyRose]

25. What I said.

[kevinbgoode]

8. Wow. . .

"he insisted he had been asleep and had no idea what he was doing. . ."


Most men won't admit that when they are awake.

[MrsBrady]

10. i read the entire article. what kind of freaking JURY would find him innocent? n/t

that wasn't really discussed.

[MountainLaurel]

33. The sort that still believes

Men really can't control their "urges," so it's women's responsibility to keep men from raping them.

[Pavulon]

11. Because he does not have a gaping gunshot wound

to his head. Really, rape in my book, is every bit as bad as murder and just the threat of it is justification for taking someones life.

End of story.

[tjwash]

12. Daily Mail is the UK version of National Enquiror.

Take what it's "articles" say with a huge grain of salt. ;)

[madmom]

15. "I castrated him in my sleep, I was so traumatized, I don't remember...."

[NashVegas]

18. Exactly

[RedCappedBandit]

16. If he was sleepwalking

..if he was able to rape somebody while sleepwalking, he obviously has serious mental health problems, and therefore should be locked up in a mental institution until he is deemed safe for society.

[NashVegas]

17. I Think The Only Solution to Reduce Rape, At This Point

Is making it justifiable homicide for a woman to kill her attacker.

[Pavulon]

19. The situation listed on this article justifies

the victim shooting the person at any point they thought their safety was compromised.

[LisaL]

21. Well apparently not everyone sleeps with the gun under their

pillow.
:eyes:

[MrsBrady]

22. my aunt does...woe to the person that might ever try..... n/t

[Pavulon]

30. No they dont...

however having one around can come in handy when someone who is bigger, stronger, and faster than you is trying to attack you.

[LisaL]

20. Self-defense is already justifiable.

[mopinko]

34. already is.

:shrug:

[Sophree]

23. Off-topic- Grits ARE groceries

At least for me. ;-) I buy the instant kind, mix up two packets of different flavors (Butter and Cheese is a good combo) and voila- instant dinner, breakfast, late night study meal.

:-)

[TankLV]

24. This is SOOOO wrong...

such bullshit...

So - just because HE says HE was "sleepwalking", we're supposed to believe HIM?!?!

this is so seriously fucked up on so many levels...

what happened to the concept of rape being the point at which a WOMAN say "NO" and the WOMAN decides it is, not "if it was intentional"...

[JVS]

26. The explanation is in the article

"Under the Sexual Offences Act 2003, a defendant is guilty of rape if an attack is intentional.

In the case of Jason Jeal, the jury were left to decide whether they believed his argument that he could not remember what he did because he was apparently asleep.

Their not guilty verdict indicates that the jury agreed he was sleepwalking - or at least could not agree 'beyond reasonable doubt' that he was not.

As a result, he could not be held accountable for his actions and the attack was not intentional. "

[LisaL]

39. What exactly is to stop any alleged rapist from claiming

he was sleepwalking?

[Lex]

36. One of the elements to prove the crime is intent

to rape.

[sendero]

37. I'll bet....

... a swift knee to the testicles would have woke this son of a bitch up.

[mdmc]

38. intent

the man might (didn't read the article) not have had the intent to rape or even to have sex. Lots of new sleep meds have reported having side effects that include having sex or driving while asleep.