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Man beats rape charges on 'sexsomnia' defence

12 Jun 2012, 07:56

Published: 12 Jun 2012 07:56 GMT+02:00

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The charges stemmed from a June 2011 trip by the woman to visit the suspect and his brother.

After a spell of heavy drinking together, the trio retired to a cabin at which point the woman passed out, the local Västerbotten-Kuriren (VK) newspaper reported.

Sometime in the middle of the night, however, the woman was awakened to find the 28-year-old having sex with her without her consent.

As prosecutors deemed the woman to be in a helpless state at the time, rape charges were filed against the man.

But the 28-year-old claimed he was innocent, arguing he too was asleep when he carried out the alleged rape and thus could not be held culpable for the act.

"I was awakened by her pushing me away and asking, 'Are you awake?'," the man had said during police questioning, according to the Aftonbladet newspaper.

The 28-year-old explained that he suffers from somnambulism and sexsomnia, an affliction whereby sufferers perform sexual acts while still asleep.

The Lycksele District Court in northern Sweden agreed with the man's defence, ruling on Monday that the 28-year-old could very well have been sleeping when he started to have sex with the woman and thus acquitted him of all charges.

Prosecutor Lotta Sundström told VK that the court was split in its ruling, however.

"That means I'm probably going to appeal," she told the paper.

Swedish sleep expert Jerker Hetta also expressed doubts about the 28-year-old's claims that he had sex with the woman while in his sleep.

Story continues below…

"In this case, I don't think it's been shown that he was in a somnambulistic state," he told VK.

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Your comments about this article

09:19 June 12, 2012 by canuk
another story to get the advertisers interested in advertising.
10:25 June 12, 2012 by Åskar
Another story to make those with nothing to say to write comments.
15:30 June 12, 2012 by G Kin
hahaha. He was asleep yet he couldn't miss where to put his very awake "magic stick". :)
22:33 June 12, 2012 by dizzymoe33
This is so ridiculous!! Another way of Sweden condoning rape again!! Well ladies all I can say is go get a gun and your license to carry the gun and use it in self defense!!! It is the only way you will receive any justice!!!
03:00 June 13, 2012 by blue2012
This is a sad situation.

From the article everyone drank alcohol until the individuals feel asleep or passed out.

What is the court suppose to believe?
19:44 June 24, 2012 by salalah
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