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Man cleared of sex assault on young girl after experts tell court he was sleepwalking
The Daily Mail (U.K.) / various ^ | December 31, 2008

Posted on 12/31/2008 8:51:25 AM PST by Stoat


(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Government; News/Current Events; United Kingdom
KEYWORDS: alanball; britain; england; greatbritain; sexualassault; sleepwalker; sleepwalking; somnambulism; somnambulist; uk; unitedkingdom
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More:

Sleepwalker acquitted of sexual assault - Telegraph

Ormskirk sleepwalker Alan Ball cleared by judge of molesting young girl speaks to the Advertiser about his year-long nightmare - Skelmersdale Advertiser

“The experts consider that because he did not carry out more activity when he got into bed with her it is more concurrent with sleepwalking and the evidence leads both experts to the opinion that he had no intention of abuse.”

In the light of the experts’ reports the Crown Prosecution Service and the girl’s family declined to offer evidence against Mr Ball and Judge Stuart Baker delivered a verdict of not guilty to charges of sexual assault against a child under 13.

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1 posted on 12/31/2008 8:51:25 AM PST by Stoat
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To: Stoat

How can you walk around, plop into bed and have sex while SLEEPING?


2 posted on 12/31/2008 8:53:27 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Stoat
The former lorry driver today said he lost his job and became a social outcast following the allegations.

Oh, poor baby. /s

3 posted on 12/31/2008 8:54:06 AM PST by library user (Rod Blagojevich should have been TIME MAGAZINE'S "Person of the Year.")
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To: nmh
How can you walk around, plop into bed and have sex while SLEEPING?

While I've never, to my knowledge anyway, had sex while I was asleep I have done a fair amount of sleepwalking after taking Benadryl.

For some reason that stuff does some very strange things to me. It's why I no longer take it for minor allergy symptoms.

L

4 posted on 12/31/2008 8:56:12 AM PST by Lurker ("America is at that awkward stage. " Claire Wolfe, call your office.)
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To: Stoat
Fiorella Brereton, prosecuting, told Preston crown court Mr Ball was sleepwalking when he got into bed with the girl...

Kind of nice to have a prosecutor who is willing to provide an alibi for him right up front.

"Yeah...that's the ticket....I was sleepwalking."


5 posted on 12/31/2008 8:56:27 AM PST by Bloody Sam Roberts (Ronald Reagan had a vision of America. Barack Obama has a vision of Barack Obama.)
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To: nmh; Lurker
How can you walk around, plop into bed and have sex while SLEEPING?

To be fair, none of the articles pertaining to this case indicate that anyone 'had sex'....they describe the accused as having gotten into bed with the girl and kissing her on the lips.  We don't know, of course, exactly how much else occurred but apparently this act alone is regarded as a 'sexual assault' under Crown law and was prosecuted as such.

 

6 posted on 12/31/2008 8:58:29 AM PST by Stoat (Palin / Coulter 2012: A Strong America Through Unapologetic Conservatism)
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To: nmh
How can you walk around, plop into bed and have sex while SLEEPING?

Where does it say he had sex with her?

All I see is that he kissed her on the lips.

7 posted on 12/31/2008 8:58:30 AM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Stoat
With brain-wave analysis and other tech, experts can probably render an accurate and objective diagnosis of sleepwalking (although that wouldn't prove that the man was sleepwalking at the time of this incident).

If he did this in his sleep, he should not be considered criminally responsible. OTOH, perhaps he should be institutionalized for treatment; until he's no longer a threat to anyone else.

8 posted on 12/31/2008 8:58:52 AM PST by USFRIENDINVICTORIA
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To: USFRIENDINVICTORIA

This is total BS, the guy should be in jail


9 posted on 12/31/2008 9:00:02 AM PST by Scythian
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To: Stoat
While on safari I once awoke to find myself out side my tent where I was forced to shoot a Lion in my pajamas. How the lion got in to my pajamas I'll never know...
10 posted on 12/31/2008 9:04:11 AM PST by BigCinBigD ('When a man believes that any stick will do, he at once picks up a boomerang,')
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To: Izzy Dunne

The title says “sexual assault”.


11 posted on 12/31/2008 9:05:16 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Scythian

“This is total BS, the guy should be in jail”

Even if he were actually asleep? Would you settle for being confined in a treatment facility?


12 posted on 12/31/2008 9:05:48 AM PST by USFRIENDINVICTORIA
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To: nmh
The title says “sexual assault”.

Apparently, climbing into bed with an underage child and kissing her on the lips is regarded as a form of sexual assault, hence the title.  The article does not allege rape, nor does the title.

Here in the USA I believe that similar actions would also be regarded as a form of sexual assault.

13 posted on 12/31/2008 9:08:45 AM PST by Stoat (Palin / Coulter 2012: A Strong America Through Unapologetic Conservatism)
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To: Stoat

This is what he as charged with:

Man cleared of sex assault on young girl after experts tell court he was sleepwalking

Sexual assault!


14 posted on 12/31/2008 9:10:36 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: nmh
This is what he as charged with:

Man cleared of sex assault on young girl after experts tell court he was sleepwalking

Sexual assault!

Correct.  And a sexual assault can take many forms and does not necessarily require those involved to actually have sex.  As an example, I believe that if a man were to grab a woman's nether regions without her consent, this would also be regarded as a form of sexual assault, although no actual sexual act took place.

15 posted on 12/31/2008 9:13:36 AM PST by Stoat (Palin / Coulter 2012: A Strong America Through Unapologetic Conservatism)
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To: Stoat

Yeah, “sleepwalking.” It sounds like he’s a falling-down alcoholic who emerged semi-conscious from a stupor, as they do, fell into a bed with the under-13 girl, and was functional enough to recognize a female body. “Sleepwalking” is a bit of a stretch. I assume the “family history of this type of sleepwalking” is a family history of alcoholism, if they were honest.

Most likely, the girl, not being smashed, woke up and screamed or punched him. Too bad she didn’t have a knife under the pillow.


16 posted on 12/31/2008 9:13:42 AM PST by Tax-chick (You exist, okay? YOU EXIST! Now stop talking to me!)
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To: Stoat; nmh

Although I’m not conversant with the details of British law, in the U.S., “sexual assault,” as opposed to “sexual battery,” “rape,” or other charges, need not even involved physical contact. It’s a criminal charge that can be the equivalent of “sexual harassment,” the civil cause of action.

We often see the word “assault” and think it means hitting, shooting, or other physical harm, but that’s often not the meaning in law.


17 posted on 12/31/2008 9:17:57 AM PST by Tax-chick (You exist, okay? YOU EXIST! Now stop talking to me!)
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To: Stoat

How can this be called “sex assault”? He is a drunken fool, but he kissed a girl on the lips. there was no “sex” or “rape”.


18 posted on 12/31/2008 9:26:12 AM PST by montag813 (www.FreepShop.com)
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To: Stoat

You can find an expert to say anything you want in court, for the right price.


19 posted on 12/31/2008 9:26:25 AM PST by Sig Sauer P220 (The Big 3 Auto Makers - Where Attention to Kwality is Jobe Won.)
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To: Stoat

IMHO this should never have come to trial. It is wrong to try a corpse.


20 posted on 12/31/2008 9:26:54 AM PST by magslinger (I talk to myself but sometimes I like a third opinion.)
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