[arista]

BBC News Text :
[A woman has won a £35,000 payout from
the Crown Prosecution Service (CPS) after
her rape case was dropped amid claims
she could have had
“sexsomnia”.

Jade Blue McCrossen-Nethercott, 32,
contacted police in 2017, telling them
she thought she had been raped
while asleep after waking up half-naked
and finding her necklace broken on the floor.
Charges were dropped after lawyers for
the alleged perpetrator claimed Jade had a
medically recognised, but rare, sleep disorder
that causes a person to engage
in sexual acts while asleep.
The paper quotes a BBC interview in which
she said the CPS had taken
her "to the darkest points of my life”
and that it felt “like a big triumph to
be able to hold them accountable”.]

[Mystic Mock]

What I don't understand is isn't it still rape if the guy is having sex with her whilst she's asleep?

[user104658]

Originally Posted by Mystic Mock

What I don't understand is isn't it still rape if the guy is having sex with her whilst she's asleep?

His defence claime that she was essentially doing the "sleepwalking" equivalent of sex, i.e. that he believed she was awake and had consentedbut she couldn't remember. Obviously utter BS and should be immediately disregarded as a defence, unless the person has a previously diagnosed history of it.

[UserSince2005]

but how did she not wake up whilst he was ****ing her?

straight sex is so weird.

[Gusto Brunt]

Bizarre.

[user104658]

Originally Posted by UserSince2005

but how did she not wake up whilst he was ****ing her?

Alcohol, probably, however the defense can't use the excuse that "she wasn't asleep just blackout drunk" ... as that is also rape.

[Mystic Mock]

Originally Posted by Quantum Boy

His defence claime that she was essentially doing the "sleepwalking" equivalent of sex, i.e. that he believed she was awake and had consentedbut she couldn't remember. Obviously utter BS and should be immediately disregarded as a defence, unless the person has a previously diagnosed history of it.

Yeah I don't buy his claim at all.