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Originally posted by NovusOrdoMundi
Accepting responsibility for your actions does work both ways. I agree. But that is not the case here. Doing something stupid while under the influence of an uncontrollable medical condition is not the same as doing something stupid and intentionally and knowingly putting yourself in a vulnerable position.
As I said in my previous post, I also agree that this defense will be used by men accused of rape. But that is why each case should be judged differently. You cannot just assume every man accused of rape is guilty. By the same token, you cannot just assume every man who uses the sleepwalking defense is telling the truth.
Each case is different with different parameters and variables. That is why weighing all the evidence involved and attempting to understand the "why's?" of each individual case is important. If you want to give a fair trial, you cannot write rules on how each trial should be conducted. You have to adjust to each case as if it were unique and go forward from there.
In a perfect world, that is how our justice system would work. In our world, it's all about the money for both the prosecution and defense.
Originally posted by whitewave
The enzyme needed to break down alcohol in females is naturally 1/3 the amount of that possessed by males. Women who try to keep up with men in the drink for drink arena are starting out with a chemical disadvantage.
And apologies to my sisters out there but you don't get to repeatedly wave the red cape in front of the bull and then slap it on the rump for charging you. You can't say, "Yes, yes, yes, yes, yes" and then at the last possible second, say "no".
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.' Read more: www.dailymail.co.uk...
Originally posted by silver tongue devil
Okay say this was a reoccurring problem for him. This sexomania, sleepwalking sex condition of his. He knew about it, it had happened before many times.
You guys are all taking about taking responsibility. Right?
So where does that start. It starts with him. He had foreknowledge of what could happen. Did he educate her? Did he choose to get drunk and go home with her and not tell her that he sleepsexes people?
Sorry, if he truly sleepraped her, then he should be punished to the full-extent simply because he knew of his conditions and took no precautions and did not warn the victim.
If someone with a diagnosed epilepsy has a seizure while driving, resulting in a car accident that kills someone, as a result of choosing not to take the anti-seizure meds, that person is going to feel the force of the Law.
Earlier 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.
She said: 'I felt like this weird sensation had woken me up. I have no idea how my clothes were removed.'
The woman said she felt 'revolted' and 'repulsed' by the realisation of what was happening. 'I pulled my pyjamas back up so they were fully on and I moved away from him and back on to the cushions,' she told the jury.
Originally posted by poet1b
reply to post by silver tongue devil
I suspect just about everyone has gone through this experience with initiating sex while asleep.
This includes both women, as well as men.
What would be the warning?
If you make your way over to where I am sleeping at night and start spooning me, there is a chance something further could happen while we are still sleeping?
It certainly isn't a case for rape.
There is no mention of force or attempted coercion here.
The guy should not have been charged.