Sexomnia

[Arella]

I read this article and I thought it would be an interesting topic to debate on. I'm still trying to figure out my feelings on this.

Swedish Man Acquitted of Rape Due to 'Sexomnia'

[MaskedOne]

Re: Sexomnia

I think that if a near foolproof way to diagnose this condition does not show up very soon, its existence is gonna make a whole lot of criminals attempt to get out of their rape charges with it.

[monsno_leedra]

Re: Sexomnia

I can see some feminist groups jumping on this one and crying foul. That said it's a condition I've never heard of which is not saying much I suppose.

Ethically and morality wise if the person is unaware of and to some degree incapacitated by the condition it would be unfair to judge them or any actions they were incapable of stopping. Granted does nothing to bring justice or closure to the victim though. Yet I suppose an equal argument could be made that the one committing the act is a victim as well as needs equal protection and consideration before the court.

I suppose the question then lingers over; "Can you bring justice when the person who committed the act was incapacitated by a medical condition?" Personally i'd say not for it would seem legally if your going to say this one is accepted and that one not, then none should be accepted as a legal defense or consideration. But that opens up a whole new can of worms in confidency of the accused.

[Denarius]

Re: Sexomnia

I think that if a near foolproof way to diagnose this condition does not show up very soon, its existence is gonna make a whole lot of criminals attempt to get out of their rape charges with it.

Proving that someone has the condition is the easy part, that's what sleep studies are for. The tricky part is proving that the assault is or is not a result of the condition.

Sleep killings are another form of criminal parasomnia. It seems it does have credence both from a legal and medical standpoint.

[Medusa]

Re: Sexomnia

I do know Ambien is a amnesiatic sleep inducer. It makes you LOSE ALL YO MARBLES while you are asleep. People get up and binge eat and have no idea why they are gaining weight. They DRIVE to and fro. It's scary as hell. I was on it. I don't remember anything. Then again I literally would take the pill and PASS OUT into complete and utter darkness. In the blink of an eye it's morning and I have no memory of the last 8 hours. Not a stir. Not a potty break. Not a single movement in my bed. It's pretty creepy. But good if you need that deep dark dead sleep I guess.

[Ophidia]

Re: Sexomnia

I can also attest to Ambien giving a person the absolute crazies. I would write people threatening e-mails & journal replies & Gods knows what all. I also told my husband I was going to tear his heart out & add it to my 'collection' (while digging at his chest with my fingers). I normally talk in my sleep, but the Ambien made my mumblings take a decidedly darker turn.

What confuses me about these types of cases though - when I was scrabbling for my husband's heart, once he was able to extricate himself from me (and I'm a big woman). I then settled down into deep sleep. I didn't get up & attempt to follow him, and I didn't go to the kitchen for better heart-extracting tools. If someone is attacking you, or attempting to sex you up, I don't think a person (even under the effects of the equivalent of prescribed PCP) who is acting out in their sleep would be a particularly determined attacker.

The article even mentions the difference between someone with a parasomnia & someone who might just be faking it - the refinement of the activity, or the persistence.

[thalassa]

Re: Sexomnia

I can also attest to Ambien giving a person the absolute crazies. I would write people threatening e-mails & journal replies & Gods knows what all. I also told my husband I was going to tear his heart out & add it to my 'collection' (while digging at his chest with my fingers). I normally talk in my sleep, but the Ambien made my mumblings take a decidedly darker turn.

What confuses me about these types of cases though - when I was scrabbling for my husband's heart, once he was able to extricate himself from me (and I'm a big woman). I then settled down into deep sleep. I didn't get up & attempt to follow him, and I didn't go to the kitchen for better heart-extracting tools. If someone is attacking you, or attempting to sex you up, I don't think a person (even under the effects of the equivalent of prescribed PCP) who is acting out in their sleep would be a particularly determined attacker.

The article even mentions the difference between someone with a parasomnia & someone who might just be faking it - the refinement of the activity, or the persistence.

but...isn't it Sweden that prosecutes sex without a condom, when the woman wants a condom, as rape?

If she was half asleep, she could have gone along with it, not realizing he was asleep, and then had second thoughts the next day or so. Apparently his previous partner got him off her without any problems.

[MoonRaven]

Re: Sexomnia

but...isn't it Sweden that prosecutes sex without a condom, when the woman wants a condom, as rape

Unless they passed a law while I wasn't looking, no. Or rather, if she says "no condom, no sex" and her partner has sex with her anyway then, yes it would be, because then it would be without her consent. But then that would be rape in most countries.
But it is rape if the woman isn't in a state to say yes, such as: Being drunk, drugged or asleep (partially or completely). Basically, if you have sex with a person (this law goes for all genders, not just women) who is not in a mental state where they are capable of giving consent, it's rape.

[Odahviing]

Re: Sexomnia

There's no such law here as thalassa mentioned a few posts above, at least not that I know of. We have pretty sucky laws concerning sexual abuse - in the last couple of years there have been a number of cases that the public gets outraged by. Not so long ago there was a guy that was acquitted of a pretty brutal and violent rape, and listen to this, because he "didn't understand she didn't want sex". The court admitted they ruled it was rape but couldn't prove that his intent was such... Although she was screaming and tried to flee and so on. Also I have a close friend who just now went through a sexual abuse case (I won't go into details) where the authorities are unsure as to if they can/will enforce their passed judgement upon the culprit... It's insane.
We have a pretty strong feminist movement on the rise though. Much thanks to bullsh*t like these cases.

[loststarshine]

Re: Sexomnia

I do know Ambien is a amnesiatic sleep inducer. It makes you LOSE ALL YO MARBLES while you are asleep. People get up and binge eat and have no idea why they are gaining weight. They DrRIVE to and fro. It's scary as hell. I was on it. I don't remember anything. Then again I literally would take the pill and PASS OUT into complete and utter darkness. In the blink of an eye it's morning and I have no memory of the last 8 hours. Not a stir. Not a potty break. Not a single movement in my bed. It's pretty creepy. But good if you need that deep dark dead sleep I guess.

Scary very scary I am glad I never took any Im wary if sleeping pills

[Hawkfeathers]

Re: Sexomnia

I've taken Ambien, and it takes about 45 minutes to get me sleepy, and keeps me asleep for about 4 hours. I've heard all kinds of odd stories about it, but I guess it takes more than that to knock me out. (Why be normal?)

[Medusa]

Re: Sexomnia

I've taken Ambien, and it takes about 45 minutes to get me sleepy, and keeps me asleep for about 4 hours. I've heard all kinds of odd stories about it, but I guess it takes more than that to knock me out. (Why be normal?)

I took it when it first was popular years ago. They did in fact change the formula I think. To something more time released instead of all at once. Ambien and Ambien CR.

[Ophidia]

Re: Sexomnia

I've taken Ambien, and it takes about 45 minutes to get me sleepy, and keeps me asleep for about 4 hours. I've heard all kinds of odd stories about it, but I guess it takes more than that to knock me out. (Why be normal?)

Everybody reacts differently. One of my coworkers is an Ambien sleep-eater. She says she thinks she's dreaming as she walks to her fridge & stuffs her face. The only thing that gives it away, other than her husband catching her in the act, is that food goes missing. Another one is a dead sleeper - never moves, never gets up, and on occasion has wet her bed :P

[Medusa]

Re: Sexomnia

I was the dead sleeper at about five minutes after taking the pill. I remember being on-line and the guy on the other end would say stuff while I was asleep knowing I wouldn't remember. But I did have a chat log! I also fell asleep talking to him. Woke up to a screen of Jodee?....jodee?.....joooooodeeeeeeeeeeeee........ ....goodnight.

[thalassa]

Re: Sexomnia

There's no such law here as thalassa mentioned a few posts above, at least not that I know of.

Not that I paid much attention to it at the time, but I was thinking of news from the Wikileaks guy...