RADA graduate walks free over 'sleepwalk rape', page 1

RADA graduate walks free over

www.dailymail.co.uk

A drama school graduate who told police he may have attacked a girl while sleepwalking was cleared of rape.

Nick Walker, 21, was accused of raping a 21-year-old woman during a sleepover at a student flat after a night out drinking.

The Royal Academy of Dramatic Art scholar initially told detectives he may have 'done it' in his sleep.

(visit the link for the full news article)



[edit on 21/10/2009 by VIKINGANT]

Is sleep walking considered a defense now? Will this case open the flood gates for crime waves?

I know of people that have done some amazing things in their sleep, from super human feats to just bizarre behavior but I dont think people should be getting away with crimes with this excuse.

Even he himself finds it wierd

When asked if he had raped the woman while sleepwalking, Mr Walker responded: 'I would definitely wake up before that point.

'I don't believe that I would do something like that and not wake up.'

'I felt like this weird sensation had woken me up. I have no idea how my clothes were removed.'

People who regularly sleep walk are usually aware that they do even if they dont always remember it. Often from friends or family telling them about their adventures, so for him to do something like this in his first 'experience' is a little too far fetched for me.

www.dailymail.co.uk
(visit the link for the full news article)

reply to post by VIKINGANT

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Quote from article:
the woman, who cannot be named for legal reasons, had been out drinking with Mr Walker and other RADA students at the University of London Union bar in the centre of the city before they came back to sleep in the living room. She told the court she awoke to find Mr Walker was having sex with her.

Following his arrest he told officers: 'I can't remember physically doing it. I was not drunk and if I did do it, it was in my sleep.'

So some college students went out drinking in a group, and they next thing this girl knows, she's back at the dorm having sex with one of the guys. But he was so out of it that he doesn't even remember it.

Sounds to me like two people got very drunk, blacked out, and did some things they regret. Both the "rape" and the "sleepwalking" sound like excuses to me.

reply to post by VIKINGANT

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Did you read the article? He has done this before with his girlfriend. Simply because you cannot imagine having a problem like this or because you cannot comprehend someone else having a problem like this does not mean it is not a genuine problem that does not exist.

Also, it seems you are quoting him as saying: 'I felt like this weird sensation had woken me up. I have no idea how my clothes were removed.' In reality, it was the woman - who of course has no name - who said that.

I am so tired of women making stupid decisions and getting drunk with people they don't know or don't wish to know, then passing along the shame of the consequences that ensue onto innocent people - particularly men - in the form of crying rape. If you are so stupid that you put having fun over your own safety, then guess what? You deserve every bit of what is coming to you and I have no sympathy for you.

I am not endorsing nor excusing rape, and I am not saying that all men are falsely accused, but it is about time people start taking responsibility for their own stupidity. Not taking responsibility for your own stupidity is something many women are guilty of.

The legal system needs to be fixed in many areas, but the rape department is one of the worst. In situations like this where there are many drunk people in the same place, it is my belief that what ever happens - in terms of rape - happens for a reason and no criminal charges should be filed. When the only witnesses are a bunch of drunks, you cannot possibly hope to get a straight story. With no straight story and no evidence to distinguish between consensual sex and rape, the only reason these charges are ever filed is because the legal system - pandering to women - assumes all men are capable and guilty of rape.

Sexism at it's finest.

reply to post by VIKINGANT

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You said he did this in his first 'experience'. I pointed out that you are wrong because this is not his first experience; he has done this to his girlfriend.

"Sexomnia" is certainly not the typical form of sleepwalking you see on TV or in movies, but that does not dismiss it as a real problem.

I agree that people will attempt to use this as a legal defense more often now, but that is why you judge each case separately, not make broad sweeping generalizations about everyone involved simply because the 'crime' is similar.

In this particular case, the man has a history of this, not with strangers but with someone he loves, and the only witness to the "crime" was the "victim", who, by the way, was drunk. We throw people in jail for being drunk while driving, but then we accept people's testimonies of a crime that occurred while they were drunk? Which is it going to be? Are we going to say people who are drunk cannot make rational decisions and make sense of their surroundings or are we going to throw people in jail over their more than likely flawed version of what happened?

There was not nearly enough evidence in this case to say he raped her. It was her word vs his. That is not a sound basis for a criminal case.

Although I agree with your prediction that "sleepwalking" will become a common defense - at least in the short term - employed by men accused of rape, we already have a problem with the "I was drunk" excuse being used by women who are ashamed of what they did while drunk.

If that is what this woman did, it would not be the first time that excuse was used, and it certainly won't be the last.

reply to post by NovusOrdoMundi

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I think any woman who falsely accuses a man of rape should get the same punishment the rapist would have gotten. And you're right about people taking responsibility for their own safety. "If you want to avoid the fruit of sin, stay out of the orchard!"

To me, it's a no-brainer that you don't go out drinking with guys and then go home with them. Even if you go home with them willingly at the time, your judgment is obviously impaired and you're not making rational decisions.

Like Vikingant, my concern with this story is that it will give criminal losers the excuse they need to carry out their criminal intents. If I ever catch myself in a situation requiring the use of force to fend off some drunken lech, I think I'll say that I ripped his lungs out when I was asleep. Didn't know what I was doing. Yeah, that's it. I don't remember a thing. Just woke up and there was some guys lungs on my floor. I felt like I was dreaming.

Accepting responsibility for your actions works both ways.

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