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'Sleepwalking' rapist gets two years

The Local · 2 Sep 2010, 09:25

Published: 02 Sep 2010 09:25 GMT+02:00

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Haparanda District Court sentenced the man to two years imprisonment for the offence which occurred at a house party in an apartment in central Haparanda on April 10th 2009, according to a report in the local Norrbottens Kuriren daily.

Police were able to secure DNA to prove that the man had had sex with the sleeping woman but he claimed no knowledge of the incident, as he was asleep at the time.

The court heard expert witness testimony from Per-Axel Karlsson, a senior physician at the psychiatric clinic in Öjebyn, who argued that it was extremely unlikely that the man would have been able to commit the rape while asleep.

Karlsson argued that as the man's actions were "complex and goal-orientated" there is no way the man could have been mid-slumber, the newspaper reported.

The man was sentenced against his denials to two years imprisonment and ordered to pay 85,000 kronor ($11,650) in damages to the woman.

Story continues below…

The 35-year-old has until September 22nd to appeal the ruling.

The Local (news@thelocal.se)

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Your comments about this article

11:49 September 2, 2010 by glamshek
Well its extremely funny.
12:13 September 2, 2010 by JulieLou40
You think so, do you? I doubt if the victim thought it was funny.
12:17 September 2, 2010 by Swedesmith
@JulieLou40 Precis!
12:34 September 2, 2010 by SarahRF
I dunno, quite a few times I've woken up to my boyfriend wanting intimate relations, we'll get it on and what not, then in the morning I'll comment about it and he'll have no idea what I'm talking about. It's literally sleepwalking your way through sex. While I'm not saying oh he's telling the truth, she's lying, I'm in no way supporting the guy in this, but I do think that sex while sleep walking is possible. What should've been done were tests to see that if in the same situation as the house party, would he do the same thing, and actually test to see if he's really asleep or not. These tests are easily doable, and honestly, when it comes to deciding whether someone is guilty of rape, all options should be exhausted to decide the truth of the matter.
13:18 September 2, 2010 by waajid
@ SarahRF:Very True, coz it has happened with me too, my gf has on many occasions told me in the morning that I was trying to be intimate...but I never remembered anything. But one thing for sure that all those time I never ended up having sex.

So poor guy can be right ..u never know.
14:27 September 2, 2010 by zergs111
It can be truth.

When I was young and just started to meet with my girlfriend, sometimes I woke up having sex with her. And we both didn't know who started it.
16:10 September 2, 2010 by Kevin Harris

It's a shame you weren't all called as witnesses for the defence. Your personal experiences would have had to be explained away by Per-Axel Karlsson, the senior physician whose evidence seems to have done for the defendant. He was so sure the events you experienced were "extremely unlikely", but there you all are, in numerical sequence. If he is wrong, this man might be innocent.

The good doctor's theory seems to be a bit shaky at the moment.
16:14 September 2, 2010 by tuerd1982
OK, let say man was sleepwalking (I don't think so). How come the women doesn't have any idea? Does she extremely drunk? In my opinion, women also has some responsibility, but of course 90% of the responsibility is from men.

I really hate a rapist. In my mind there is no difference between rapist and animal since both type can't control their desire.
17:03 September 2, 2010 by ironman294
u can sleep walk but not sleep rape. How stupid, let's say its true, a woman still got raped, what about her?

Why does Sweden seem to love defending rapists? or giving them freedom or light sentences?
18:34 September 2, 2010 by vb74
I've read about the alarming increase of rapes in Sweden and find it appauling.

And I cannot understand why Swedish news won't identify if the person is a muslim like other countries.How can telling the truth be hate speach?It sounds like they are trying to cover up an ugly truth.
21:07 September 2, 2010 by engineer1
you can be really sleepy but gather just enough consciousness to do something in the middle of the night, like say going to the bathroom, without recalling that you did it in the morning; just because you don't remember doing it, doesn't mean you weren't awake to make a conscious decision about it when it happened. also, even if the boyfriends of previous posters had initiated sex while asleep, it's a whole different thing from carrying out a forceful act while presumably being resisted, all while sleeping, so i don't these testimonies are not any discredit to the aforementioned physician.
21:36 September 2, 2010 by spo10
the guy's argument just isn't right. unconscious raping? come on!
21:59 September 2, 2010 by DAVID T
I once woke up from a drunken stupor with a girl riding me - I should have reported her but I enjoyed it
10:18 September 3, 2010 by waajid
@ironman294: I hate rapist and personally feel that they deserve a far more svere punishment then they are getting now. My point is, getting sexually involved during sleep is very much possible. I feel court should have called some one else other then Axel Karlsson.
15:17 September 10, 2010 by red.king

If you are going to act like a troll at least use your imagination. Idiot.
20:44 September 11, 2010 by vb74
@red king

Name calling, real mature.But that is expected from ultra liberals if anybody has a perspective you don't share, call them names to imply that are intellectually

inferior.Instead of worrying about my opinion why don't you get a genuine opinion of your own and stop being so easily lead.
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