The 22-year-old defendant, James Bilton, had read an article about sleepwalking the day before the sexual assault. (Paul Stokes, “Sleepwalker cleared of three rapes”, Telegraph, Dec. 20). Previous “sexsomnia” case: Dec. 1.
Sleepwalking exonerations for rape spread to UK
The 22-year-old defendant, James Bilton, had read an article about sleepwalking the day before the sexual assault. (Paul Stokes, “Sleepwalker cleared of three rapes”, Telegraph, Dec. 20). Previous “sexsomnia” case: Dec. 1.
4 Comments
Unless I’m mistaken, the technical legal term for this is “bulls**t”.
What makes you so sure that this is b-shit?
Co-incidentally Ive actually seen the very same doctor who testified on his behalf for a sleep-related disorder.
While I dont know if he’s accurate in his diagnosis in this case I can say that he’s the top person in the field of sleep-disorders in the UK,he’s ethical (from what I saw of his billing practices) and he’s certainly not short of a scheckel (so he’s certainly no “doctor for hire by any paying lawyer” type).
So the question is more was the defendant able to fool the specialist?
I would say if he was really well educated and pre-briefed with accurate medical knowledge then it conceivably could be possible, although some of the more extensive physical tests could probably rule this out (its hard to fake sleep-walking Id say…)
But I very much doubt that an article in a news-paper alone would be enough to fake it, and the tests afterwards.
Plus his apparent family history of sleep-walking (and possible rapid eye movements, although Im not an expert) would seem to support this.
What Im suprised the judge didnt mandate was either some form of compulsory treatment or perhaps a warning not to put himself in similar situations in the future…
There have been far too many miscarriages of justice for the procecution (with no-one crying fowl until far later) that Id be hesitant to judge him guilty on on this without more information – certainly alot more than is in the tabloids
I have some issues with this verdict.
I am a sleepwalker and have done some quite complicated things while asleep. I can’t say with any certainty that I could not commit a crime while asleep.
At the same time, the public needs to be protected. Someone who is capable of comitting a crime while asleep, needs some sort of safeguard to prevent it happening again. If no safeguard is possible, then the person should be removed from society for our protection if this possibly could happen again.
Debbie nails the real problem here.
Even it is completely true that the man was doing the crime in his sleep, there is still a victim, and, even more importantly, THERE WILL BE MORE, as the whole point is that he is not conscious to prevent it.
He doesn’t have to be labelled a criminal, but he DOES have to be kept away from others; we lock up the violently insane for this reason, even though they are convicted of nothing.