Not only is it bad enough that an idiotic Toronto judge has let a man walk free from a rape charge with the defense that he can't be held responsible for his actions because he was asleep at the time, but CP24 has decided that only "women's rights activists" would find such behaviour troublesome:
If you haven’t heard of Sexomnia, you’re likely not alone. After all, it’s not even present in medical textbooks.
But
the bizarre medical condition, which causes one to act out sexually
while they're asleep, was rousing outraged women’s rights activists on
Tuesday, after a man who admitted to having sex with a women without
consent walked out of court a free man.
The circumstances of the case are crystal clear: John Luedecke, the accused, fully admitted that he raped the victim. He fully admitted that he even put on a condom before the rape. He fully admitted that he knew about his supposed "condition" of "sexsomia" from its appearance in FOUR of his prior relationships (his ex-girlfriends testified on behalf of the defense that Luedecke had sex with them while he was asleep), and regardless of his known propensity to act out sexually in his sleep, he chose to "crash" after a party in the proximity of sleeping women.
Despite all of these undisputed facts, Justice Russell Otter ruled that Luedecke had not committed a crime in his raping of the victim, because his actions weren't "voluntary." Apparently having a mental disorder that is potentially fraught with harm to others does not give pause to Justice Otter, who did not impose conditions on Luedecke such as treatment for his illness or status as a sexual offender. If Luedecke's specious mental condition is not a fraud, he is as much of a danger to society as any pedophile - every time he sleeps he has the potential to do anything with carte blanche as far as the law is concerned. What Justice Otter has done is given Luedecke (not to mention any other man who can get himself diagnosed with "sexsomia") a license to rape.
But CP24's story seems more interested in the circumstances of this supposed condition than the dangerous outcome of the trial, opening and closing its article with the sensational novelty of the disorder. "It's so new, medical textbooks don't list it!" they gush, willfully ignoring that the victim of the crime was forced to have sex with the side show of the accused against her will.
In all fairness, we do get a little bit of "objectivity" from CP24. In giving us the victim's side of the story, we learn that "Upon hearing the verdict, the victim left the courtroom in tears."
Of course, immediately this "objectivity" is destroyed in the next two paragraphs that implicitly suggest that the sex was consensual and the victim engaged in risky behaviour, but really, what else should a drunken woman expect?
The woman,
who remains anonymous, met Luedecke at a party in 2003. Both were
drinking and had apparently decided to crash there overnight.
The
woman fell asleep on a couch, and reportedly woke up to find the man
having sex with her. She pushed him off, then told police she’d been
raped.
"Both were drinking", ergo, the woman's memory of the events are flawed and suspect. Note that the man's are not.
"Reportedly" - the woman's testimony is called into question by this qualifying adverb, even though the accused's story corroborates hers.
"Having sex with her" - he was raping her, and doesn't deny that he did, but it only becomes "rape" once the victim decides she didn't enjoy it. That's when she tells the police.
One wonders whether or not Luedecke would've been acquitted without restrictions on his behaviour had he raped a child in his sleep, or committed a bank robbery, or built a bomb that killed someone. Somehow I don't think so.
But isn't sexsomia fascinating? That's far more interesting than the boring old story of a raped woman any old day!