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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
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.
(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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1
posted on
12/31/2008 8:51:25 AM PST
by
Stoat
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).)
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.")
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.)
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.)
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)
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.)
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.
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
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,')
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).)
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?
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)
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).)
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)
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!)
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!)
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)
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.)
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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