The case which Twisty discusses is not the first time the “sleepwalking”defense has been used in a violent crime. There have been a handful of murders which used it. Some resulted in acquittal, some in conviction. Google results of “sleepwalk murder” are here: http://tinyurl.com/7e2zk. The questions raised in each of these cases are many, but here’s a short list: Can a parasomniac complete a complex action or set of actions? (The answer to this is pretty well established as yes.) Are the complex actions performed in this particular case of the sort that a parasomniac can commit? And most importantly, is the accused a comfirmed parasomniac? The answers to these questions, gentle readers, are best determined by a medical professional who specializes in sleep disorders. Parasomnia can in fact be diagnosed in a properly equiped sleep lab. The ramifications if all who have used a parasomnia defense for violent crimes were asleep when they committed the crime are certainly far-reaching. These people are clearly a threat to others whether they were awake or asleep. There are treatments for parasomnia which include behavior modification (sleep hygiene) and possible medication. I’m not sure what legal precendents exist for court enforced medical treatments. It would be very difficult to enforce a prescription for sleep hygiene. Plus, there is the civil rights issue. Yes Virginia, even criminals have civil rights.

What all this boils down to is that it may be possible that Mr. Luedecke was telling the truth. It is also possible that he was lying. We cannot know without proper medical documentation, and none has appeared on this blog to date.

Luedecke had previously raped four girlfriends. How marvellous that previous crimes are now proof of innocence.

Then again, we are talking two people who consensually went to bed together without benefit of clothing.

So he may have gotten it on with previous girlfriends in their sleep (and I don’t think that is rape, necessarily, as I have woken up in such a situation with my husband and my body was into it to), but putting on a condom and going prospecting is a new one.

And why, exactly, is this man allowed to drink AT ALL given his history? Couldn’t the court have ordered sobriety as prevention?

Because landing on the floor with your Fruit of the Looms around your ankles and a pissed off woman above you on the couch doesn’t provide any hints at all. Especially when it’s something that’s revealed to be a standard in your relationships.

How the hell is that NOT rape? If I woke up to find my boyfriend using me as a masturbatory aid, I would literally kill him.

And not just the perverted culture of Canada, either - this reminds me of my friend’s Yeshiva school concerts, where the girls chorus could only sing in front of female friends and family because their siren-like voices (chuckle) would so tempt and arouse the males that they would be unable to control their lustful thoughts and urges about those hot seventh graders in long skirts . . .

Gimme a frickin break. Nothing new under the sun, eh?

Isn’t it just lovely that this judge ruled that rapists now have a lovely ‘condition’ which, conveniently, exhonerates them from the crime of rape.

And Ms. Kate, I have to say that I too have woken up in that situation, as in, I was asleep and woke up (several times) with my x husbands pecker firmly implanted in my mouth. To which I screamed, slapped him silly and told him it was rape. Of course, as my husband there wasn’t shit I could do to him because upon saying ‘I Do’ I (unknowingly) gave up any rights to my body.

At the time I tried like hell to excuse it (for my own sanity) but it became perfectly clear what it really was later on.

Obviously, he’s my X now.

Anyway, I’m disgusted by this and Twisty, as usual, hits the nail on the head.