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

The Daily Mail (U.K.) / various ^ | December 31, 2008

[Stoat]

A man was acquitted of sexually assaulting a young girl after medical experts said he was sleepwalking.

Alan Ball, 35, climbed into bed with the child and kissed her on the lips after drinking heavily at a New Year's Eve house party last year.

But a judge found him not guilty of sexual assault when he heard two experts agreed Mr Ball was sleepwalking at the time and did not know what he was doing.

The former lorry driver today said he lost his job and became a social outcast following the allegations.

 

Fiorella Brereton, prosecuting, told Preston crown court Mr Ball was sleepwalking when he got into bed with the girl, who cannot be named for legal reasons.

She said: 'The defendant slept on a settee downstairs, but went upstairs and eventually got into bed with the child and kissed her on the lips.

'When interviewed, he had no memory of what had happened that evening.' 
 

She said two experts were prepared to investigate Mr Ball's sleepwalking claim because of the serious nature of the alleged sexual offence against the girl.

Miss Brereton added: 'Both experts were of the opinion the defendant would not have known what he was doing.

'He has a history of sleepwalking typical of that type of behaviour of not knowing what he was doing. Sleepwalking is also within the family.

'He had drunk a significant amount of alcohol that night.

 

[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.

Agreed on all counts, although with the legal focus on 'knife crime' in the UK these days, the girl and / or her parents might have been afoul of the law merely for allowing an 'edged weapon' near her.

3,900 knives seized by police in stop and search operation News

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.

[Tax-chick]

the girl and / or her parents might have been afoul of the law merely for allowing an 'edged weapon' near her.

She could say she took it out of the kitchen drawer while she was sleepwalking :-).

[CommandoFrank]

It’s a good thing for him she wasn’t sleeping with her butt up in the air...

[Stoat]

the girl and / or her parents might have been afoul of the law merely for allowing an 'edged weapon' near her.

She could say she took it out of the kitchen drawer while she was sleepwalking :-).

 

the girl and / or her parents might have been afoul of the law merely for allowing an 'edged weapon' near her.

She could say she took it out of the kitchen drawer while she was sleepwalking :-).

 

[Tax-chick]

Yes, I know, that was awful.

[Stoat]

Yes, I know, that was awful.

No! It was great!  Mr. Bear is merely registering his thunderstruck response at your salient, witty and wry rejoinder  :-)

[Tax-chick]

I thought I’d given the poor critter a migraine.

[NonValueAdded]

well, at least he didn’t show up to cast a vote at 3 AM.

[Stoat]

I thought I’d given the poor critter a migraine.

Naw!  He's just awestruck by your great sense of humor as well as your ability to actually read the posted article instead of just the title.  He's so impressed he can hardly contain himself  :-)

[Lonesome in Massachussets]

When I read the headline I knew this hadda be Merry Olde Englande. Sheesh.

Stick with the incubus defense, next time, pal.

[Stoat]

well, at least he didn’t show up to cast a vote at 3 AM.

Oh lawdy...do you think that might be at least part of the explanation for the Frankenvotes that 'mysteriously' turn up?  "Sleepwalking"  (drunken) Socialists?   I have no doubt that the Franken 'campaign' will thoroughly investigate itself, find itself guilty of no wrongdoing whatsoever, and this will be enthusiastically accepted by the media.

[Tax-chick]

Yes, that’s me, obsessively reading the article ;-).

Help yourself to a Guinness, and give your furry friend one, too!

[Othniel]

I seem to recall an incident a few years back. There was a couple who got divorced, and he moved into an apartment one floor below where they had lived as a married couple. Not long after he moved out, she started visiting him at night, getting into bed with him, and having sex. This went on for quite some time until the man asked her if she wanted to get back together, since she was visiting him so often. Turns out she was sleepwalking, and she didn't remember any of it. I think they got back together, but I'm not sure.

There are also accounts of people who take Ambient getting in their cars, driving to Mickey D's, then driving home again. "Honey, where did all these wrappers come from?" Amazing stuff.

[Tax-chick]

The incidents involving Ambien seem to be for real. Bizarre stuff.

[Dianna]

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.

Seems odd to me that the court concluded that because he "only" kissed the girl that he was more likely to be sleepwalking.

Child molesters don't often jump right in and rape a kid, there is a lot of "grooming" behavior that goes on.

[Dianna]

I seem to recall an incident a few years back.

Could be real, but I've seen this on an episode of House.

[Excellence]

My ex-husband, who was a heavy drinker, got up in the middle of the night, walked around the bed, and peed on my head. The girl was lucky all this guy did was kiss her.

[Tax-chick]

I think they were evaluating whether he was intending a forcible rape of any female with a pulse, rather than whether he was a child-molester in the intentional sense.

I suppose it’s not p.c. in Britain to observe that someone’s a habitual drunk who engages in inappropriate behavior while barely conscious.

[Philo-Junius]

“I suppose it’s not p.c. in Britain to observe that someone’s a habitual drunk who engages in inappropriate behavior while barely conscious.”

Good heavens, no; that would have brought the whole monarchical-aristocratic system down centuries ago.

[Philo-Junius]

In the U.S. people say “drunk as a skunk.”

In the U.K. people say “drunk as a lord.”