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Aug 31 2007

The continuing exploits of Britain’s merry rapists

fliphappycrepes_05.jpg
Today’s unrelated photo is from my critically acclaimed series “The Airstream Creperies of Austin.” Flip Happy Crepes, August 2007.

Remember back in November of 2005? No? Then let me be your guide through the mists of time. November of 2005 is when Ontarioian (?) ass-carbuncle Jan Luedecke was acquitted of a rape charge on grounds that he ‘suffers’ from a ‘medical condition’ known as ‘sexsomnia’.

Sexsomnia! That’s when you skulk around getting shitfaced* and raping women as usual, except that when one of’em complains you just tell the judge you were sleepwalking at the time. Presto. You’re back to your normal liquor-and-predation schedule in no time.

In 2005 I predicted that we had not seen the last of the absurd sexsomnia defense; it was just too ripe with the lurid promise of possibility, in terms of both general misogyny and titillating headlines. And naturally I was right. Last January saw Adam Flockhart, the alkie perv in Edinburgh who got off with a slap on the wrist after mauling a sleeping woman (less than half his age, not that that’s either here or there). He couldn’t help it! He was drunk, he blacked out, he had no recollection!

And today we have Flockhart’s heir apparent, RAF serviceman and vodka enthusiast Kenneth Ecott, who attacked a 15-year-old girl and walked on accounta he has sexsomnia too.

These asinine cases are all adjudicated from — what else? — a rape-friendly, misogynist perspective. “He has no recollection and no control so he can’t be responsible.” But look here. Whether or not these assholes are or aren’t “suffering” from a “disorder” is completely irrelevant. From the point of view of the victim, a rape has occurred, with all the usual collateral damage, regardless of the degree of conscious malfeasance on the part of the perp. She couldn’t care less about the attacker’s “intent.” But of course it makes no nevermind to law enforcement that an actual crime has been experienced by an actual victim, as long as that victim is female, and the crime is rape.

I see this crap in my inbox every day: rape just isn’t a crime for which men can be held accountable. Society can’t allow it. If men could be punished for rape, it would mean that women — even those of us who aren’t respectable honky married virgins who nobly fight off our attackers to the point of visible physical injury — actually have a right not to be raped. Which would mean that we are not dirty subhuman inferiosas. Yet whenever anyone has the impertinence to suggest this world-order-toppling idea, a cry rises from the hivemind’s parochial throat: “This does not compute! The Collective depends on rape to preserve the global economy through a docile female underclass!” And the hive will go to absurd lengths to protect rapists. In fact, at least one American judge has offically downgraded “rape” to “sex” in an effort to convey that rape isn’t a crime at all. And now this “sexsomnia” bullshit? Enough already. Creeps whose lecherous urges are so profound they can’t keep it in their pants when they’re gorked need to either get it locked up or get it chopped off.
_____________________
* Note that in all three of these cases alcohol abuse on the part of the rapist was successfully argued to be a primary mitigating factor; in fact, “sexsomnia” only seems to rear its ugly dick when the perps are loaded. But whenever a female victim tests positive for even a drop of Scotch, the opposite contingency obtains; women who drink are universally tarts who are askin’ for it, and so are punished with public humiliation.

[Thanks, Debby]

48 comments

1 ping

  1. Sabrina

    Wow, this is unbelievable. I imagine that the men will say that if the women really didn’t want it they wouldn’t be doing seductive things like sleeping. Or walking. Or eating. Or, well, I guess just being outside of their homes without a man. In this world rape is never the mans fault. I imagine that unless a women is raped inside a church taking her abstinence pledge that she was asking for it. Oh, wait, if she was taking that pledge in a skirt..she was asking for it too!!

  2. pisaquari

    “get it chopped off”

    Well, yeah. Proclaiming “sexsomnia” should mean a mandatory pickle whacky-whacky.

  3. Marytracy9

    How you manage to continue living despite being exposed time and again to all this bullshit is beyong me. I guess when one understands like you do what is wrong in the world and why, one must suffer a lot.

    I admire your strength.

  4. Jeni

    “even those of us who aren’t respectable honky married virgins who nobly fight off our attackers to the point of visible physical injury”

    I don’t know, Twisty. It seems like these women get worked over in court just as much, especially when they bring rape or abuse charges against their husbands. Because, naturally, respectable honky married virgins should know that marriage means an end to their already illusionary right to respect and choice about if/when sex should occur.

  5. Twisty

    I get what you’re saying, Jeni. I failed to convey my actual point, which is that law enforcement is slightly more willing to prosecute rapes that are perpetrated by marauding strangers against “good” women. But definitely not if the good women are accusing their husbands.

  6. legallyblondeez

    pisaquari, you owe my employer a keyboard and me a fresh latte for “mandatory pickle whacky-whacky.” I laughed, I cried, I considered the legal implications and I’ll be damned if it’s not a fine idea.

  7. Twisty

    “I guess when one understands like you do what is wrong in the world and why, one must suffer a lot.”

    Au contraire, MaryTracy9! Knowledge is power. Without feminist training I’d be a dishrag. Ignorance isn’t bliss; it’s prison.

  8. Lisa

    Yeah. So you can drink and drive and kill or injure someone accidently cuz you didn’t mean to and go to prison and be ostracized by society as a convicted DUI-er, yet drink and oops! accidentally cuz you didn’t mean to rape someone and well, poor you, you must have a disease that makes you not responsible.

    That’s pretty damned convenient. If this reasoning were in use for DUIs/epileptics/geriatrics, whoever has a medical excuse for being a shitty driver, think of the accident rate we would have. You’d never get in your car. Geez, I’m blind. It’s a bitch to not be able to drive. I think I’ll just go get into a car right now and drive myself to the store. If I hit someone, well, I’m blind. I didn’t mean to.

    Pisses Me OFF.

  9. H

    The last paragraph is so spot on. Just today, a friend was telling me about a female blogger, clearly a victim of internalised misogyny, saying, “Any woman who gets drunk around men DESERVES anything that happens to her”. It’s never more obvious that some people consider rape less a crime than a punishment. IBTP, of course.

  10. Mamasquab

    What Lisa said. Mens rea apparently means Men.

  11. PhysioProf

    For some reason, when I first looked at the photo, I saw “DICK-UP”, before I got what it was a picture of.

  12. CafeSiren

    This has me on the verge of weeping. You hit the nail on the head, Twisty, when you pointed out that, from the point of view of the victim, a rape has occurred.

    Let’s argue by analogy: I get behind the wheel of a car and run over some other person. Hauled before the judge, I claim to have been so drunk that I blacked out and had no idea how I was driving. Or, I claim to be under treatment for road rage so severe that I just can’t help swerving to run over pedestrians. Do I walk? Hell no: they throw me in jail; at the very least, they take away my driver’s license.

    So, again by analogy: what should be taken from these perps who “just can’t help themselves”?

  13. thebewilderness

    Pickle whacky whacky, Cafe Siren, pickle whackety whack.
    It is the only way to prevent these unfortunate menz from having the dreadful, dehumanizing, and traumatizing experience of a rape trial every time they walk in their sleep. Poor things. It’s for their own good.

  14. dairon

    Not to point out the painfully obvious, but assuming this trumped up tripe is actually DSM-IV feasible, and you actually are a straight dude that’s been diagnosed with “rapes uncontrollably upon excesssive alcohol consumption,” isn’t the incredibly obvious answer to not fucking drink?

  15. pisaquari

    legallyblondeez,I will happily supply you a fresh latte on account of Uncle-Pat-Blaming giggles anyday.
    As for your employer, unless they already know about this fantastic use of latte spewing because they too are obsessive IBTP readers, then I am afraid I cannot concede.

  16. Lisa C

    It’s been a long time since I visted your blog, and the first thing I read on returning is exceedingly relevant insofar I am from the UK and know of this story…which inflamed in me the same rage but also the same desolation as before. How long before words written like this arn’t consigned to the feminist agenda scrapheap? I’m tired of being dismissed. I’m glad you arn’t.

  17. Rainbow Girl

    Is “murderous rage” a medical condition too? Because if so, I could see using it to my feminazi advantage.

  18. Cooper

    Shit. I’d given sexsomnia the tiniest bit of credibility before, not as an excuse, but as maybe a sentence-mitigating- if-he- agrees-to-register- as-sex-offender- and-get-treatment
    consideration in sentencing. But to find out that it’s just a code-word for raping while drunk? Un-fucking-believable.

  19. Aireanne

    All these analogies of drunk driving make me think we should license men to use their penises.

  20. slade

    Did I hear the little chop-chop of Lorena Bobbitt? Music to the ears, I say.

  21. yankee transplant

    I swear if you made this shit up, nobody would believe you. It’s as horrifying now as it was in 2005. Thanks for never, ever letting up for one second.

  22. Jezebella

    I note with interest that none of these sexsomniacs have raped DUDES in their blacked-out drunken stupors.

  23. JT

    I don’t know anything about so-called sexsomnia in particular, but you do understand that any crime requires a particular mens rea (state of mind) and if the perpetrator of the alleged crime didn’t have that mens rea he can’t be found guilty, no matter how real the consequences are for the victim? That’s why there are degrees of crimes, and that’s why some people are found not guilty of crimes that they clearly committed due to mitigating circumstances such as insanity. Just as a person can be found not guilty of a homicide because he or she lacked the intent to kill, a person can be found not guilty of rape because he lacked the intent to rape. I don’t think you’d advocate punishing every person who causes the death of another human being as a first-degree murderer; why would rape be different?

  24. Lara

    I hear MacyTracy9, actually I hear all of ya, because I would never be able to write up such a wonderfully scathing and articulate post about this constant recurrence of rape-being-excused without literally breaking down and throwing things or crying. I am not overexaggerating in any sense. I swear to you I hear things HALF this bad and I literally question how I even stay sane, how I can even go out of my house, how I can even talk to other people (especially males)…
    And what H said about rape being seen more as a punishment than a crime just so aptly demonstrates how rape is a TOOL (of the patriarchy) and not some biological occurrence or a “crime of passion.” It is USED to keep women as a sub-human sex caste, as Twisty said. Sorry if I sound like I am repeating what others are saying or paraphrasing but I seriously just don’t know what else to say…..
    One of my friends is dying to move to the UK and I will certainly let them know about these stories….maybe he’ll change his mind….
    And I agree a good pecker-choppin’ sounds really awesome right now (it always sounds awesome actually…).

  25. gentaggard

    What Lisa said. Mens rea apparently means Men.

    Oooh, that’s good. That’s a classic. That one I’m borrowing indefinitely (I’m a law student). Hope you don’t mind!

    The drunk driving comparison is the first thing I thought of. If we did not hold people accountable for what they do after they’ve indulged, we would not have drunk driving charges. But we do. The law has CLEARLY found, again and again, that “I was drunk” or “I was high” is NOT an excuse for auto accidents, homicide, assault, armed robbery, or anything else (look how many people have gotten the death penalty for armed robberies that ended up being murders, while the person was high; look at Karla Faye Tucker). The law has found that the decision to drink or get high contains an inherent decision to be responsible for any acts one commits while under the influence.

    As usual though, rape ends up in a category of its own.

    I was reading over on the forum further discussion of Twisty’s proposed new way of looking at rape and consent, and in my mind I was comparing it to murder. There is NO WAY for defense counsel to argue that someone agreed to be murdered. Remember the cannibal case in Germany, where the guy advertised online for someone who wanted to be eaten and the (clearly disturbed) individual “consented?” They still convicted that guy. Same with the case of a woman who advertised for someone to strangle and kill her (http://en.wikipedia.org/wiki/Sharon_Lopatka) – he was found guilty. If one can’t consent to die (in most states, not even someone with a painful terminal medical condition is allowed to consent to die), why do we constantly have to argue consent with sex?

    As Twisty says, the patriarchy depends on the basic assumption that we are generally available for that purpose.

  26. MissPrism

    We’ve certainly got some lovely chaps over here, haven’t we?

  27. Crystal

    MissPrism, that article – good god! I don’t actually understand their reason for letting him off, and I don’t mean I understand but think it makes no sense, I mean, I really don’t understand. Don’t criminal charges kind of make it difficult for anyone to “fit in”?
    I’m not even a busy medical student, and I don’t picture myself spending my free time making sandwiches for my hubby. The real killer about this story though is that it was a friend who had to contact the authorities. This is the kind of thing* that makes me feel like all this stuff about how people “consenting” to abusive behaviors makes them perfectly alright is bullshit.

    *that and quite a bit of personal experience of accepting horrid shit that I didn’t really want.

  28. Silence

    I remember when Twisty posted her antidote to this wretched situation: a law which stated that if a woman didn’t say ‘yes’ to sex it was rape. Remember that great post? Remember the cries of ‘what about the men’?

    I honestly don’t care about the men anymore. I don’t give a flying fuck if a thousand innocent guys were sent to jail under Twisty’s law. Bring it on! The fact that today, in this society, I’m a whore who’s asking for it if I get raped after drinking in public, but a man who rapes while intoxicated is a helpless victim is just sick. The misogyny is so blatant it’s like it’s being waved in our faces. We’re not even allowed to complain or they say we’re ‘whining.’ Yeah, whining over the fact that we’re nothing but walking fuck-sacks to half the world’s population.

    Bring on the damned revolution already. Or find another planet we can all move to.

  29. EN

    “He has no recollection and no control so he can’t be responsible.”

    Isn’t ‘not guilty by reason of insanity’ finding that someone did it but can’t be held responsible because of their mental state? People who commit crimes other than rape and are found not guilty by reason of insanity don’t just get sent on their way. It took 17 years for John Hinckley Jr just to get daytrips out of the asylum. So even if they can’t be held responsible, they can be prevented from doing it again. Ergo, the pickle-whacky. I vote we let the 15-year-old do it. Anabuse, at the very least.

  30. Neko-Onna

    Cool! So I guess my stedfast insistence that I have an nasty case of killrapistswithrepeatedblowsfromabluntobjectsomnia will serve me well on my day in court after all!

  31. carebear

    If I trial like this happened anywhere near me, I’d be trying to rally up some feminazis and start picketing, spray-painting, and vandalizing. If it’s sickening that this happens, it’s even more sickening that all people do is chat about how bad it is and then go back to their everyday lives without trying to stop it.

  32. Bruce/Crablaw

    It should be noted that the victim of this attack can sue her attacker civilly. The very theory that got him a not guilty – this sexsomnia crap – may make him more, rather than less, civilly sue-able.

    Some insurance policies don’t pay out for torts of wanton recklessness or intent. They will pay out for negligence. I find it difficult to believe that this episode was this fellow’s first knowledge or instance of so-called “sexsomnia,” putting him on notice and rendering his choice to drink and sleeping with a female – without warning her: “Note: I may attempt to rape you in your sleep” – negligent.

    Now I suspect strongly that theory is complete crackpot bullshit – he raped this woman, period – but she should apply this theory to get paid.

  33. Zeep

    The story Twisty linked to says Luedecke had the mental faculty to put on a CONDOM. So clearly, a determinative factor in a ‘sexomnia’ diagnosis would be: capable of self-protection but incapable of forming intent to rape.

    What a crock of shit. The mens rea argument fails in his case, specifically because of the act in furtherance: extract condom from recesses of wallet, tear open package, locate dick, apply condom. The mens rea argument fails generally because the patriarchy’s definition of “intent” is designed to allow a man to deny mens rea after-the-fact by blaming the victim. I’m not saying that mens rea has no part in a just criminal prosecution, I’m saying that a just criminal prosecution for rape cannot exist in the patriarchy.

  34. Rave

    Two thoughts:

    1) if these men can be found to actually have some psychological issue they should still be sent to a mental facillity for proper care rather then just being released.

    2) I went to England for a summer abraod and took a law class there. While there our professor took us to courts. I learned two things

    1) The judges place on extradinary amount of emphasis on any mitigating circumstances. In both cases the defendants “poor childhood” proved major factors. The first case, a robbery, had the defendent told to repay the person he robbed. Since he had already spent the money he pleaded poverty and was allowed to repay the courts instead over a certain time period. No jail or anything and he used a weapon. The other the judge told us the longest sentance he gave was 8 years. for a child rapist, (she had been ten years old). his reason was the defendant had grown up in poverty.

  35. Ms.FabulousPitt

    So the man’s “brain” supposedly isn’t mentally cognizant of what’s going on? Men think with their dicks, in case these asshole judges didn’t know that (because they are men, of course). So maybe the punishment should be, let the smelly man go free but his dick and balls have to be excised in order that this unfortunate “illness” can never hurt another womyn. I’m all for tossing out the usual rules of mens rea and ditching the requirement of “intentionality” that governs other crimes when it comes to rape simply becuase the victim is a womyn, and these dicks have had their way long enough!

  36. VR

    With regard to the drunk driving comparisons, if I recall correctly, it was only in the past few decades that strict laws against that in most states in the US were enacted, and deaths that resulted from it considered murder. The cause of this legal shift was a change in public attitudes due to prolonged awareness campaigns. Perhaps something similar for drunken sexual assaults…?

  37. delphyne

    Why does it never cross anyone’s mind in these trials that men accused of rape might LIE about what they did? It seems like rapists can claim any old nonsense and gullible fools will be willing to believe it.

    “I don’t think you’d advocate punishing every person who causes the death of another human being as a first-degree murderer; why would rape be different?”

    I guess that means that if you fall asleep at a party and wake up to find some guy raping you and he claims he was sleepwalking you’ll be perfectly happy for him to walk free.

  38. Rugosa

    Comparing this BS to incapacity due to mental illness is just BS^2. A schizophrenic who commits a crime because he/she hears voices telling him/her to do it has a brain disorder they have no control over. A drunken rapist has, like the drunken driver, willingly imbibed a substance known to cause poor judgement and loss of impulse control.

  39. slythwolf

    The whole concept of “I didn’t mean to do it, I was drunk” has never held any water with me. Listen, asshole: If you can’t walk straight because you’re drunk and you accidentally fall over and knock into someone, injuring them, then you didn’t mean to do it because you were drunk. If you get drunk and choose to rape a woman you fucking meant to do it. Unless you can claim that you tripped and fell on top of her and your dick accidentally fell into her vagina–which is pretty much physically impossible–you don’t even get a “nice try”.

  40. M

    Well, of course it’s bullshit. However, it’s surprising that the excuse is that of a ‘disease’ and not just a one-off incident of insanity. I suppose it makes sense if the shitbag wants to explain more than one rape, but it does leave the door open to locking them away indefinitely.

    In short, I’m with those who have said that using ‘sexsomnia’ as a defence obviously ought to result in the perpetrator being immediately locked up in an institution equipped to deal with such individuals until it can be proven that they’re no longer a threat to society. Since ‘sexsomnia’ appears to be a condition that unfortunately isn’t well described in the relevant literature (I *do* wonder why that is), I’m afraid the process of treating, curing and subsequently releasing these ‘sexsomniacs’ ought to be somewhat slow. As a matter of fact, it is difficult to imagine how the a ‘disease’ that has such sporadic (and well-timed) outbreaks i.e. conveniently occurs only when there’s nobody around except, of course, a potential victim, could ever be considered ‘safe’. Throw away the key seems like the best solution.

    I won’t be holding my breath, however…

  41. Orange

    I’ve done a fair amount of editing in the area of sleep medicine. The chapters on parasomnias, which include sleepwalking, talking in your sleep, clearing out the fridge in your sleep–they don’t tend to delve into sexsomnia, which thus far lacks a lot of solid medical support.

    My impression of sexsomnia, though, was that it might entail a person appearing to be awake and masturbating compulsively in the middle of the night–not quite the same as getting up, finding someone else, and forcibly raping her.

    Won’t someone wake up the jurors and judges of the UK? They seem awfully gullible and prone to buying patriarcal bullshit.

  42. Zora

    I was just reading an article [local Austin news] on that Colton Pitonyak character who shot his friend (female) in a drunken stupor, and claims he was blacked out and doesn’t remember it. I suppose by this logic he should withdraw that guilty plea and submit “murdersomnia” as his defense. Oh wait, that’s essentially what he did!

    She had been drinking with him and everything, just asking for it. Why isn’t he free to roam the streets along with those afflicted with sexsomnia?

  43. Haydin

    Twisty said:
    ““He has no recollection and no control so he can’t be responsible.” But look here. Whether or not these assholes are or aren’t “suffering” from a “disorder” is completely irrelevant. From the point of view of the victim, a rape has occurred, with all the usual collateral damage, regardless of the degree of conscious malfeasance on the part of the perp. She couldn’t care less about the attacker’s “intent.” But of course it makes no nevermind to law enforcement that an actual crime has been experienced by an actual victim, as long as that victim is female, and the crime is rape.”

    Wait a minute, let’s say I sleepwalk to my car, get in, drive, and run somebody over, and hurt them, all in my sleep. If I am correct in my interpretation of the law, then my insurance company would be held accountable for all the damages done to that person, but I would not be locked up. How is this case different?

    My boyfriend sometimes tries to have sex with me in his sleep. The first time it happened shortly after we started seeing each other; I woke up to find him trying to talk my underwear off and mount me, very clumsily, in his sleep. It took me a long to trust him again after that, but eventually I realized that he didn’t mean it, so I can’t hold it against him.

    My main problem with this court case is that I don’t believe the guy when he says that he did this because of a sleepwalking problem. I mean, if you saw my boyfriend try to have sex with me in his sleep you’d realize that he is horribly clumsy, very slow, and very easy to wake up. All you have to do is to say loudly “Stop” and they stop. How was this guy able to 1. take off his clothes, 2. take off her clothes, and 3. mount her while asleep? That takes a lot of coordination.

  44. octopod

    Haydin: seconded. That, and he PUT ON A CONDOM. This is definitely not reasonable. I’ve also slept with a guy who did the sleep-sex thing and he would definitely not ever have had the presence of mind to put on a condom. Luckily I’m a light sleeper, plus he warned me beforehand the first time I spent the night with him. This guy with the court case is totally full of shit.
    I assume, though, that you mean “take” your underwear off, not “talk” them off? ‘Cause I sure can’t imagine anyone who could do the latter in their sleep!

  45. April

    God I love that trailer full of crepes!

    :)

  46. Vendela Engblom

    If I had an English-language article about this, I would add it to the comment: a Swedish man has been accused of rape twice and acquitted twice, because there was not enough evidence of a crime being committed. At first hearing, it sounds like the girls were lying, but in the first case, he and a friend were acquitted because the girl in question had agreed to violent sex before (not with these two men, mind you) and therefore any damage sustained in this act could be waved away because the two men could not have known she didn’t want to. In the second case, the girl’s memories of the night were too unclear. The acquittal caused considerable outrage among the general public, which prompted an article by four prominent DAs in Stockholm that said, “The public cannot understand how difficult it is to prosecute a rape case. Most often a rape is reported because a woman wakes up in the wrong bed and cannot remember how she got there.” Yes, it makes me feel so safe. A victim’s sexual history is more important than that of her attacker; the people who are supposed to investigate the crime lament the lack of clear evidence.

  47. po-mo sucks

    As an experiment, what say we hand these dumb ass judges a case where the women’s and men’s names are switched around so the crime report reads, “Jane got loaded on Wild Turkey, roamed around leering at boys in malls and eventualy rounded up Dick (no pun intended) in a dark alley and sexually assaulted and raped him…”

    Call me crazy but I think the old boys might bring back the guillotine to properly punish that one!

    IBTP!!!

  48. Mélissa

    It’s ontarian. Like franco-ontarian (francophones out of Québec? Who knew? I must spread the knowledge)…

  1. Live-blogging not getting off the couch all day at I Blame The Patriarchy

    [...] Awaken from powernap covered in potato salad. “Forensic Files” on TV. Unlike “Snapped,” this gripping program profiles murderers of dudely persuasion, with quietly urgent voiceover narration by the same guy who narrates conspiracy theory shows. Current episode features a wife-murderer guy trying to get away with the tried-and-true sleepwalking defense, a gambit successfully plied by dudes who rape comotose women (”sexsomnia“). [...]

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