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Jeremiah
12-22-2005, 12:58 PM
A man accused of three counts of rape has been cleared by a jury because he was sleepwalking.
James Bilton, 22, told York Crown Court that he could not remember the alleged attack at his flat on Hope Street, York, and must have been sleepwalking.

Mr Bilton told police he had walked in his sleep since the age of 13.

A sleep expert said Mr Bilton was one of only 1-2.5% of the adult population who suffered from the condition. Mr Bilton had denied all three charges.

During the trial, the court heard the victim knew Mr Bilton and had slept in his bed after a night out, while Mr Bilton slept on the sofa.

'Completely oblivious'

Later, the 22-year-old, who can not be named, claimed she woke to find her trousers had been taken off and Mr Bilton was assaulting her.

She denied consenting to ***.

Mr Bilton said he could only remember waking up after sticking to the leather sofa and was "completely oblivious" to what had allegedly happened, the court heard.

But he said he had a history of sleepwalking which ran in the family.

Sleep expert Dr Ishaad Ebrahim said people who are sleepwalking can carry out actions that they do when awake.

Sexsomnia diagnosis

And of the 1-2.5% of the adult population who suffer from the condition, 4% carry out ****** behaviour.

Mr Bilton's acquittal follows a similar case in Canada last month when Jan Luedecke, 33, was cleared of raping a woman after a judge ruled he was asleep at the time of the attack.

Mr Luedecke and the woman had gone to a party in 2003 where the woman fell asleep on the couch.

When she woke, she said she found him having *** with her.

He was charged with ****** assault but during his trial sleep experts testified that he suffered from sexsomnia - when a person has *** while they are still asleep.


news.bbc.co.uk . . .

HOW PRACTICAL!!!

ed316
12-22-2005, 01:17 PM
same thing happen in Canada

budgie
12-22-2005, 02:18 PM
And the no-doubt combataive struggle when his victim put up her defense didn't wake him? Puhleeze. How dumb can a jury of twelve be?

EvanL
12-22-2005, 03:14 PM
actus non facit reum nisi mens sit rea!
That basically means that the act is only committed if the mind is there! In Canada we have the same law, and a person can get off by the excuse of sleep walking. It can be ridiculous but it rarely ever happens. And whose to know if the guy truly did have no recollection of the crime.

2Sheds_Jackson
12-22-2005, 04:30 PM
That a group of supposedly intelligent human beings could believe such garbage is downright scary. Even the very best case scenario still has the guy guilty. He said himself that he'd been this way for 9 years. He had not one, but three counts against him. At what point does he figure that maybe he should do something about his little habit?

EvanL
12-22-2005, 04:32 PM
Its sad but thats the law like how I explained it.

Belrick
12-22-2005, 04:57 PM
Basically... What a crock of shiite. He would of been drunk and thought he could help himself.
Sad and pathetic andyou have to feel sorry for the victims.