Friday, May 26, 2006

Wake me up before you Go Go!

With having kids as my primary client base, i miss out on what i call the "good stuff", when it goes to court.
Buzz around the building today is the anticpation of a jury's deliberation. If i was going to be sitting in as a juror on a matter, this one would be the last i'd want to sit on!! Although, the jury was warned that "it was one of the most bizzare rape cases they'd ever hear"!!!!
A mechanical supervisor, who was sleeping off a boozy night out at his mate's place, was accused of walking into the main bedroom, getting into the bed and raping his friend's girlfriend while the other man slept beside them.
At first, the female victim went along with the sexual activity believing it was her partner.
It was only when she heard her boyfriend snoring on the other side of the bed that she turned around to find that the man she was having sex with was their overnight guest.
She fled from the room in hysterics. You guys still with me??? LOL!
So, what's this guys defence? Can you guess?
The defendant had 2 prior incedents of sleepwalking, the latter when he got out of bed in the middle of the night and pissed on his bedroom floor!
Heh, glad i wasn't the defence lawyer on this one!
It was backed up by expert testimony from sleep physician Dr Roger Allen, who examined the case and said it was "highly probable" the incident happened as a result of sleepwalking.
Dr Allen said that while the link between sex and sleep walking yet to be officially accepted, there was a growing body of evidence that backed his diagnosis. He painted sex as routine, primal behaviour – able to be performed without consciousness.
Yeah right buddy, like we all fell off the back of a turnip truck, without conciousness my arse!
That's why the defendant waited to seek help 18 months after the attack!
Two forensic psychiatrists were called in by the prosecution and completely disagreed with the sleep disorder expert. They said while sleep walkers could do some things while unconscious, the sexual activity committed by the defendant was a purposeful and "goal-driven" act unlikely to be committed while sleep walking.
So........we wait for the jury's desision...........what will it be?

till next time, Michelle.


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