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Please stop posting that he shouldn't have invited her into his bed since that's apparently not what happened... read the OP and links BEFORE commenting. |
On July 09 2011 17:04 SichuanPanda wrote:Show nested quote +On July 09 2011 06:51 sunprince wrote:On July 08 2011 19:59 Plague1503 wrote: The man and wife are guilty of being irresponsible and not informing the girl. Unfortunately, I doubt that it's punishable by law. The man didn't give the girl permission to be in his bed in the first place. On July 09 2011 00:13 SichuanPanda wrote: 'I suffer from sexsomania, sorry I just blasted my load on your leg'. Hahaha. Seriously? What an utterly inept justice system.  Did you actually read anything? On July 09 2011 05:39 Fenrax wrote: And if that friend started hurting others don't you think someone should do something about it? Steps should be taken to prevent it from happening again, sure. In this case, the man did not know about or give pemissions the girl climbing in his bed. What can he possibly do about it? Here's the question you need to ask yourself: When you have teenage guests staying at your house who are not your sexual partners, do you think it's reasonable to expect them to climb into bed with you without your permission while you are asleep (and nude)? There was no way the man could have reasonably expected this would happen, and it would not have happened in any circumstances that weren't extremely sketchy like these ones. If instead the man was having some construction done on his bedroom floor, and she walks in without permission and trips, resulting in injury, is he responsible for negligently causing her injury for not warning her? No, because she shouldn't have been there in the first place. Whether he reasonably expected it to happen or not, if an under-age teenager gets into your bed while your asleep. You don't wake up and bang them unless you're a pedophile or a rapist. Guess what, he's a rapist.
But what if he didn't wake up?
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On July 09 2011 17:07 Phenny wrote:Show nested quote +On July 09 2011 17:04 SichuanPanda wrote:On July 09 2011 06:51 sunprince wrote:On July 08 2011 19:59 Plague1503 wrote: The man and wife are guilty of being irresponsible and not informing the girl. Unfortunately, I doubt that it's punishable by law. The man didn't give the girl permission to be in his bed in the first place. On July 09 2011 00:13 SichuanPanda wrote: 'I suffer from sexsomania, sorry I just blasted my load on your leg'. Hahaha. Seriously? What an utterly inept justice system.  Did you actually read anything? On July 09 2011 05:39 Fenrax wrote: And if that friend started hurting others don't you think someone should do something about it? Steps should be taken to prevent it from happening again, sure. In this case, the man did not know about or give pemissions the girl climbing in his bed. What can he possibly do about it? Here's the question you need to ask yourself: When you have teenage guests staying at your house who are not your sexual partners, do you think it's reasonable to expect them to climb into bed with you without your permission while you are asleep (and nude)? There was no way the man could have reasonably expected this would happen, and it would not have happened in any circumstances that weren't extremely sketchy like these ones. If instead the man was having some construction done on his bedroom floor, and she walks in without permission and trips, resulting in injury, is he responsible for negligently causing her injury for not warning her? No, because she shouldn't have been there in the first place. Whether he reasonably expected it to happen or not, if an under-age teenager gets into your bed while your asleep. You don't wake up and bang them unless you're a pedophile or a rapist. Guess what, he's a rapist. But what if he didn't wake up?
Then he's lacking some sort of medication to control his condition. Otherwise there was a severe level of negligence on the part of the person who left the girl in his care. Sorry but 'he has sexsomania' is not a valid excuse to totally ruining the emotional capacity of this girl, possibly for life. Its a horrible crime and the perpetrator is getting away with it. I don't care if he was asleep, awake, in a coma, or dead. What happened is inexcusable, and him receiving no penalty is even worse. So what, all I have to do is give a girl a roofy now, and then once I've had my way with her I tell the cops 'sorry officer I have sexsomania I was asleep and didn't know I was raping her' and I get off scoff free? I mean she won't remember anything, so like every other sexsomania case its my word against no ones.
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if a person goes around killing people in his sleep, he should still be held responsible for it, even if he doesnt remember or means to, its to keep other people safe.
this applys to rape and other things also
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On July 09 2011 17:13 Kojak21 wrote: if a person goes around killing people in his sleep, he should still be held responsible for it, even if he doesnt remember or means to, its to keep other people safe.
this applys to rape and other things also
Exactly, and if not that person, the people who were supposed to keep their problem in line.
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On July 09 2011 17:13 Kojak21 wrote: if a person goes around killing people in his sleep, he should still be held responsible for it, even if he doesnt remember or means to, its to keep other people safe.
this applys to rape and other things also
Well I don't think it's fair to hold someone responsible for an act they 1) don't control and 2) don't remember. I don't know anyone who is a total master of their subconscious. If anything, he should be able to plead temporary insanity.
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didn't read whole thread, but here's my take on the subject:
i say that person who tells the girl to go into his bed should be held accountable. does this person live with the accused? if so, they should know of his condition and warn people who are staying over of it. however, if they didn't know of it, then the accused should be held responsible for keeping this information secret from those who it may cause harm. either way, i believe someone ought to be punished for their ignorance.
the fact that his condition is uncontrollable or whatever is irrelevant here, in my opinion. his carelessness is what irks me the most. the fact that he, and those defending him, deny his lack of concern for the young girl is quite frustrating. i don't think he should be punished for the crime of intentionally violating the girl, but he ought be tought a lesson for not taking his condition seriously.
i'm sure there are points to counter my argument, but i feel like there are few things that should be able to get around the fact he just straight up didn't care enough to prevent this from happening.
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On July 09 2011 17:04 SichuanPanda wrote: You don't wake up and bang them unless you're a pedophile or a rapist. Guess what, he's a rapist.
As has been pointed out over and over, he was unconscious.
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On July 09 2011 17:11 SichuanPanda wrote: Then he's lacking some sort of medication to control his condition. Otherwise there was a severe level of negligence on the part of the person who left the girl in his care.
He wouldn't need medication for it if girls weren't climbing into his bed without permission.
You do have a point about negligence, as apparently someone else told a 16-year-old girl to climb into bed with a naked 43-year-old man, which is a bad idea even if he wasn't a sexsomniac.
On July 09 2011 17:11 SichuanPanda wrote: I don't care if he was asleep, awake, in a coma, or dead.
Then you're an idiot with no understanding of crime, mens rea, or justice.
On July 09 2011 17:11 SichuanPanda wrote:So what, all I have to do is give a girl a roofy now, and then once I've had my way with her I tell the cops 'sorry officer I have sexsomania I was asleep and didn't know I was raping her' and I get off scoff free?
You can't just 'claim' it. Medical professionals can verify whether it's true by monitoring your brain wave activity, which is not something you can fake.
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On July 09 2011 16:50 Fenrax wrote:Show nested quote +On July 09 2011 07:37 HereticSaint wrote:On July 08 2011 19:37 Fenrax wrote:On July 08 2011 19:00 Gnial wrote:On July 08 2011 18:47 Trang wrote:OK apparently hardly anyone bothered to read what I posted, because most of this discussion is totally on the wrong footing. (NB some people did realise the points that follow too, but unfortunately they went largely ignored as well.) Let me summarise the point in bold before proceeding to quote myself for the benefit of everybody. This is NOT about a man getting off the hook for rape because he was asleep. This has got NOTHING to do about there being an excuse for committing rape if you're asleep. This does NOT even smack of the idea that a man is justified to commit a rape by being asleep.
This is about a man who, because he was asleep, could not possibly have satisfied the definition of rape under the relevant UK law.How is this so? How about reading the legislation which I quoted many pages ago and which so many people chose to ignore. On July 06 2011 22:50 Trang wrote: It amazes me that some people in this thread think they can make conclusions of fact when they did not hear the evidence in court.
Also can the OP please be amended. The statement 'The rape itself happened and was not denied' is essentially a misstatement of the law.
From what we know, it appears that it is not disputed that sexual intercourse occurred without consent. But rape is NOT as simple having sex without consent.
Under section 1(1) the Sexual Offences Act 2007 (UK), which is the relevant legislation, rape is defined as:
(1) A person (A) commits an offence if– (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents.
If we assume that the man was indeed asleep (something that I do not propose to reject or accept because I do not propose to know the evidence heard in court) then he could not have possibly had the relevant state of mind of intentionally penetrating the girl.
Therefore, this is not about a man who has not denied that he has committed a rape and who was then found not guilty. It is not admitted in anyway between the man and the prosecution that he did commit rape, because he did not admit to intentionally penetrating the girl. In fact, whether he committed rape is the very thing in dispute. If it were not in dispute then there would not have been a jury trial for the purposes of determining guilt, and he would have pleaded guilty.
To couch the discussion in the OP as if he did not deny that he commited rape, and then go "oh but he was cleared of the charge anyway because of sexsomnia" is a misrepresentation of the issues, and should be fixed.
If you did not have the mens rea (which means the relevant state of mind, or if you're a TL veteran mens rea is an old school admin) required by the legislation that sets out the offence of rape, you did NOT commit rape. Therefore, it's not even a question whether you should be let off the hook despite committing rape. To start from the position that the rape happened is completely wrong at law. The fact is that no rape happened at all because he was asleep. If you'd like to complain about the outcome, the issue is not how this case was decided, because it was decided according to law. The issue is what should the definition or rape be under the law? As for any arguments along the lines of 'this outcome is wrong because I'm not buying that he was asleep'. If you're one of those people, I'll say to you what I already said in my previous post. You were not in court when the evidence was heard and given. You are no position to comment on what happened as a matter of fact. The opening post desperately needs to be amended, because it's made completely misrepresented the position at law, which has spawned so much off the point discussion. QFT Although continually correcting the people who didn't read any of the articles and who have no understanding of the criminal justice systems of Canada, U.S., U.K., Australia, New Zealand, India, Pakistan or Ireland, has been a nice way to fill my breaks at work. Looking back at it, and the repeated trolling of Fenrax in particular, it probably wasn't worth the time. Oh TL how hast you forsaken me! P.S. Fenrax I stand by calling you an idiot, because in your 4 or 5 posts/responses you never dealt with ANY of the flaws highlighted by the many people who provided criticism to your opinion. You simply repeated things you had already said, and ignored everyone else. Your opinion doesn't make sense for the many reasons that have been outlined many times. You had ample opportunities to present at least some response, but your failure to do so is why I have branded you as such - and based on the current track record I am extremely skeptical that you'll give me a reason to change my opinion of you. That said, I do hope that you redeem yourself at some point. Getting called an idiot and a troll is getting majorly annoying. If you are going to look at a documented medical condition, then look at someone who has a history of said medical condition and then also look at laws that pertain to the case in the sense they absolve him of wrong doing and then quote someones personal opinion based on, "HEY I AM USUALLY AWAREZ OF WUT I DO IN SLEP LULZ!" and then instead of going with the sooner, side with the latter because he writes a few paragraphs of inane bs, then that's what you are going to get called. It's one or the other. I still highly doubt that he had no self control. That is just for your information and not relevant for the discussion. Just ignore my opinion on this in replies for now because it is both not relevant for the current discussion and not discussable in a productive manner in the current state of the thread. On a side note, Starcraft jokes are very inappropiate in such a thread (but paradigmatic of how people still seem to not accept rape as a serious crime even in a quite educated forum) and please stop calling me an idiot or ridiculing me, I am just trying to argue my opinions. Assuming he had absolutely no self control, then the court should have taken other measures to prevent this from happening again. What if someone kills another person who comes into his bedroom while asleep? Would you also go and say "You were asleep so no big deal dude, go home, everything's okay. You just have no self control in that state and that person shouldn't have come to your bedroom in the first place."? Probably not, right? So where is the big difference to rape? Sure, rape is not as severe as murder but it is still one of the most serious and harmful crimes a person can commit. Therefore it is imo a big mistake by the court to just ignore this.
Just like this it depends on the circumstances. To try to generalize and say that all people who kill someone else in their sleep are obviously murderers just misses the point.
If you kill an intruder in your home in your sleep, you'll get off because that intruder wasn't supposed to be there.
Even if you had killed someone in your sleep before, and you killed someone again who was supposed to be there, you still can't commit murder. Its called manslaughter in that case.
You just need to inform yourself about how the law works.
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On July 09 2011 17:11 SichuanPanda wrote:Show nested quote +On July 09 2011 17:07 Phenny wrote:On July 09 2011 17:04 SichuanPanda wrote:On July 09 2011 06:51 sunprince wrote:On July 08 2011 19:59 Plague1503 wrote: The man and wife are guilty of being irresponsible and not informing the girl. Unfortunately, I doubt that it's punishable by law. The man didn't give the girl permission to be in his bed in the first place. On July 09 2011 00:13 SichuanPanda wrote: 'I suffer from sexsomania, sorry I just blasted my load on your leg'. Hahaha. Seriously? What an utterly inept justice system.  Did you actually read anything? On July 09 2011 05:39 Fenrax wrote: And if that friend started hurting others don't you think someone should do something about it? Steps should be taken to prevent it from happening again, sure. In this case, the man did not know about or give pemissions the girl climbing in his bed. What can he possibly do about it? Here's the question you need to ask yourself: When you have teenage guests staying at your house who are not your sexual partners, do you think it's reasonable to expect them to climb into bed with you without your permission while you are asleep (and nude)? There was no way the man could have reasonably expected this would happen, and it would not have happened in any circumstances that weren't extremely sketchy like these ones. If instead the man was having some construction done on his bedroom floor, and she walks in without permission and trips, resulting in injury, is he responsible for negligently causing her injury for not warning her? No, because she shouldn't have been there in the first place. Whether he reasonably expected it to happen or not, if an under-age teenager gets into your bed while your asleep. You don't wake up and bang them unless you're a pedophile or a rapist. Guess what, he's a rapist. But what if he didn't wake up? Then he's lacking some sort of medication to control his condition. Otherwise there was a severe level of negligence on the part of the person who left the girl in his care. Sorry but 'he has sexsomania' is not a valid excuse to totally ruining the emotional capacity of this girl, possibly for life. Its a horrible crime and the perpetrator is getting away with it. I don't care if he was asleep, awake, in a coma, or dead. What happened is inexcusable, and him receiving no penalty is even worse. So what, all I have to do is give a girl a roofy now, and then once I've had my way with her I tell the cops 'sorry officer I have sexsomania I was asleep and didn't know I was raping her' and I get off scoff free? I mean she won't remember anything, so like every other sexsomania case its my word against no ones.
This isn't a condition you can just pretend to have and fool everyone. The guy has two solid witnesses (former partners) to vouch for his condition, but more importantly he has a sleep expert that has presumably done tests and brain scans to diagnose him. You can't just say "I have sexsomnia" and have everyone believe you with no proof and let you walk.
Why would he need medication to control it, before now it was at most a (very) minor inconvenience, probably more of an amusement. There was no reason to believe that the condition would ever result in a tragedy like this one.
You need to accept that there is no criminal here, just two unlucky people and an unfortunate set of circumstances.
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On July 09 2011 17:13 Kojak21 wrote: if a person goes around killing people in his sleep, he should still be held responsible for it, even if he doesnt remember or means to, its to keep other people safe.
this applys to rape and other things also
Being, "held responsible" isn't quite the appropriate description of what would be happening under this particular context. You want to know why? Because it would have absolutely no impact on if this occurs in the future again or not. So, what you are actually describing is the need for vengeance over something someone can't control.
I'm sick of twits like you comparing someone who wanders around and murders people in their sleep to someone who will potentially stick it to someone who enters their bed (I don't even know for sure if he was naked, but if he was the girl deserved every bit of it and I don't feel bad for her at all, she's 16, not 12). The similarity is only the state of the individual, the crimes are different and therefore you handle them differently.
I'm even more sick of the people who think because they are a certain way, everyone in. Guess what? Do you like Strawberries? Guess what, somewhere out there in the World there's someone who hates Strawberries, who would vomit excessively at the mere sight of Strawberries, PEOPLE ARE DIFFERENT. Stop imparting your personal opinion on a discussion regarding logic and facts. Otherwise we might as well be talking about the weather outside; It's slightly overcast here guys, how about where you live?
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How does he knows where to put his you know what into you know what? Does he just keep trying until he gets it in?
Couldn't the girl slap him and try to wake him up?
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I agree that he needs to be more responsible about his behavior. He should't have young women sleeping over regardless of same bed or not. Also I don't buy his condition I say he could have prevented this
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Fenrax
United States5018 Posts
On July 10 2011 01:24 HereticSaint wrote:Show nested quote +On July 09 2011 17:13 Kojak21 wrote: if a person goes around killing people in his sleep, he should still be held responsible for it, even if he doesnt remember or means to, its to keep other people safe.
this applys to rape and other things also Being, "held responsible" isn't quite the appropriate description of what would be happening under this particular context. You want to know why? Because it would have absolutely no impact on if this occurs in the future again or not. So, what you are actually describing is the need for vengeance over something someone can't control. I'm sick of twits like you comparing someone who wanders around and murders people in their sleep to someone who will potentially stick it to someone who enters their bed (I don't even know for sure if he was naked, but if he was the girl deserved every bit of it and I don't feel bad for her at all, she's 16, not 12). The similarity is only the state of the individual, the crimes are different and therefore you handle them differently.
So what if someone kills another person who comes into his bedroom while asleep? Would you also go and say "You were asleep so no big deal dude, go home, everything's okay. You just have no self control in that state and that person shouldn't have come to your bedroom in the first place."? Probably not, right?
So where is the big difference to rape? Sure, rape is not as severe as murder but it is still one of the most serious and harmful crimes a person can commit.
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On July 10 2011 01:30 Patriot.dlk wrote: I agree that he needs to be more responsible about his behavior. He should't have young women sleeping over regardless of same bed or not. Also I don't buy his condition I say he could have prevented this You can't just say 'I don't buy' it unless you're a specialist in the field. Just because it sounds silly to you doesn't mean it's not real.
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United States5162 Posts
On July 10 2011 01:36 Fenrax wrote:Show nested quote +On July 10 2011 01:24 HereticSaint wrote:On July 09 2011 17:13 Kojak21 wrote: if a person goes around killing people in his sleep, he should still be held responsible for it, even if he doesnt remember or means to, its to keep other people safe.
this applys to rape and other things also Being, "held responsible" isn't quite the appropriate description of what would be happening under this particular context. You want to know why? Because it would have absolutely no impact on if this occurs in the future again or not. So, what you are actually describing is the need for vengeance over something someone can't control. I'm sick of twits like you comparing someone who wanders around and murders people in their sleep to someone who will potentially stick it to someone who enters their bed (I don't even know for sure if he was naked, but if he was the girl deserved every bit of it and I don't feel bad for her at all, she's 16, not 12). The similarity is only the state of the individual, the crimes are different and therefore you handle them differently. So what if someone kills another person who comes into his bedroom while asleep? Would you also go and say "You were asleep so no big deal dude, go home, everything's okay. You just have no self control in that state and that person shouldn't have come to your bedroom in the first place."? Probably not, right? So where is the big difference to rape? Sure, rape is not as severe as murder but it is still one of the most serious and harmful crimes a person can commit.
If there no mens rea, then there's no crime. Get that through your skull. Get out of this stupid black and white world where because something bad happened someone must be punished. Bad shit happens sometimes and people don't mean for it to happen. The guy didn't intend to rape the girl, punishing him for it is simply false justice.
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On July 10 2011 01:37 Redmark wrote:Show nested quote +On July 10 2011 01:30 Patriot.dlk wrote: I agree that he needs to be more responsible about his behavior. He should't have young women sleeping over regardless of same bed or not. Also I don't buy his condition I say he could have prevented this You can't just say 'I don't buy' it unless you're a specialist in the field. Just because it sounds silly to you doesn't mean it's not real.
Well i am entitled to having an uneducated opinion about whatever I want I assume you practice this right as well?
I mean your argument applies to any situation. "I don't want to buy this car, it's to expensive." Well are you an expert in pricing of cars and all the other expertise you need?
This is the day of the internet where experts are worth less
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On July 09 2011 17:13 Kojak21 wrote: if a person goes around killing people in his sleep, he should still be held responsible for it, even if he doesnt remember or means to, its to keep other people safe.
this applys to rape and other things also
No he would get temporary insanity and get treatment for it, he wouldn't get convicted of murder.
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On July 10 2011 01:46 Patriot.dlk wrote:Show nested quote +On July 10 2011 01:37 Redmark wrote:On July 10 2011 01:30 Patriot.dlk wrote: I agree that he needs to be more responsible about his behavior. He should't have young women sleeping over regardless of same bed or not. Also I don't buy his condition I say he could have prevented this You can't just say 'I don't buy' it unless you're a specialist in the field. Just because it sounds silly to you doesn't mean it's not real. Well i am entitled to having an uneducated opinion about whatever I want I assume you practice this right as well? I mean your argument applies to any situation. "I don't want to buy this car, it's to expensive." Well are you an expert in pricing of cars and all the other expertise you need? This is the day of the internet where experts are worth less
No, but you are an expert on what you consider the value of money to be, as well as on how much you value a new car. You are the best judge of how much you're willing to spend on a car.
But in the sexsomnia case, you are obviously not a good judge of how credible the condition is. There is no reason to doubt the expertise of the person who diagnosed him.
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On July 09 2011 20:20 sunprince wrote:Show nested quote +On July 09 2011 17:11 SichuanPanda wrote: Then he's lacking some sort of medication to control his condition. Otherwise there was a severe level of negligence on the part of the person who left the girl in his care. He wouldn't need medication for it if girls weren't climbing into his bed without permission. You do have a point about negligence, as apparently someone else told a 16-year-old girl to climb into bed with a naked 43-year-old man, which is a bad idea even if he wasn't a sexsomniac. Show nested quote +On July 09 2011 17:11 SichuanPanda wrote: I don't care if he was asleep, awake, in a coma, or dead. Then you're an idiot with no understanding of crime, mens rea, or justice. Show nested quote +On July 09 2011 17:11 SichuanPanda wrote:So what, all I have to do is give a girl a roofy now, and then once I've had my way with her I tell the cops 'sorry officer I have sexsomania I was asleep and didn't know I was raping her' and I get off scoff free? You can't just 'claim' it. Medical professionals can verify whether it's true by monitoring your brain wave activity, which is not something you can fake.
You can very much fake brain activity actually, just think something different. Bottom line is simple, it is not the girls FAULT for what happened, and anyone trying to say so is truly a piece of shit. 'She shouldn't have climbed into his bed', yea and HE SHOULDN'T HAVE RAPED. Unconscious or not it is unacceptable, its HIS fault that she wasn't aware of his condition, and HIS fault for what happened to her. Sorry but most people don't expect that if you were to lay beside someone in bed that they are gonna turn around and have sex with you.
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