Tomorrow is the 30th anniversary of the tragic murders of Mayor George Moscone and Supervisor Harvey Milk. When I count my blessings, I’ll be remembering them.
To Harvey and George, my thanks.
Pink is the new black and sleepwalking is the new “she asked for it.”
Jane McKenna, 33-year-old mother of two was raped while sleeping in her own home by a family friend, Jason Jeal, who claimed to be sleepwalking at the time of the incident. 37-year-old Jeal was tried and acquitted for the crime – although he had no medical history of sleepwalking.
Mr Jeal, a father of three who has since separated from his wife, yesterday maintained he did not know what he was doing at the time of the attack.
Speaking outside his home in Portsmouth, the former member of Portchester Cricket Club said: ‘I did not use sleepwalking in my defence as I did not have any doctor’s evidence or anything to back that up,’ he said. ‘With me, sleepwalking normally comes on through drink. People have told me I’ve done it before.’
So-called ‘sexsomnia’, in which sufferers carry out indecent acts in their sleep, is considered to be a form of automatism, a condition which has been used as a defence across criminal law.
From “How could the man who raped me be cleared because he was sleepwalking”
By Olinka Koster
MailOnline, November 15, 2008
What in the bloody hell? This happened in the UK and there is some tiny part of me happy for proof that things are as fucked up and crazy there – but just a very tiny part. Sexsomnia, a form of automatism, is a valid legal defense in the UK and Mr. Jeal’s acquittal was not unique. There have been other, similar, cases:
Last year, RAF mechanic Kenneth Ecott, 26, was acquitted after he pleaded that he was sleepwalking when he had sex with a 15-year-old girl. Bournemouth Crown Court heard he had sexsomnia.
James Bilton, 22, was also cleared by a jury of three counts of rape in 2005. The 22-year-old victim said she woke to find Mr Bilton assaulting her, but he said he could not remember the incident at his flat in York.
Seriously? You can be cleared on a rape charge because you were asleep and didn’t know you were doing it? How nice for rapists. Very convenient. If you can find any plausible way to “sleep” near a woman, you can go right ahead and rape her. In fact, let’s save the courts and the cops some trouble. Rapists, molesters and pedophiles should all be able to register as sexsomniacs!
Think of it… A woman gets raped. She calls the police and they arrive at the scene of the “crime.” The rapist presents his “Registered Sexsomniac ID Card” (RSIC), and it’s all over. The police tell the woman “sorry, there’s nothing we can do.” Of course he can’t do it to her again right at that moment (presumably he is now awake) so it’s not as convenient a system as he might prefer, but at least he is free to go.
Registering sexsomniacs would save us so much time and money. The criminal “justice” system could avoid arrest, processing, and all the court costs – not to mention the cost of housing the man if he’s found guilty. Pop out your RSIC card, and you’re good to go.
Mr Jeal’s case is particularly disturbing because:
If that isn’t rape because of his so-called “sexsomnia” (and I don’t buy that load of bullshit for one second), isn’t it at least “criminally negligent” rape? If I thought I was capable of doing that kind of harm while drinking and “sleeping,” I would quit drinking. I would ensure I slept in a safe space. I would not go to a home, with a woman in it, drink enough to blackout, spend the night, rape her and then claim not to be responsible. Knowing what he knew, isn’t he at least criminally negligent? He was fully acquitted. No jail time, no fine, no treatment. I guess there already is a sexsomnia “get out of jail free” card.
Anyone think misogyny is not still thriving in the world?
It almost makes you feel sorry for her, not quite, but almost.
Vodpod videos no longer available.
Un-fucking-believable… I am simultaneously outraged and frightened. Prop 8 supporters are threatening the Justices of the California Supreme Court, and it is the responsibility of those judges not to let fear of recall influence their votes? How are they supposed to do that? If it’s not gay marriage, what is the next issue they will be threatened with? And how are they to vote judiciously and in accordance with the constitution of the State of California if they are under threat?
Is there any length to which these “people” will not go to to ensure gay couples cannot marry? At what point will “good” “Christians” draw the line? They shoot doctors who perform abortions, will they start shooting clergy who perform same-sex commitment ceremonies next? I am furious!
Recall specter hangs over high court as it considers Prop 8 challenges
Backers of the measure banning gay marriage have said they will target justices who vote to overturn it.
… opponents of gay marriage have warned that they will work to oust any justice who votes against Proposition 8, a threat particularly palpable in a year when voters in other states have booted six state high court justices after campaigns by special interest groups.
“It is a time of lots of crocodiles in the bathtub,” said Santa Clara University law professor Gerald Uelmen, who has followed the court for decades. “Their oath requires them to ignore these kinds of political threats. But the threat of having to face a contested election is a significant one.”
Uelmen was using a metaphor coined by the late California Supreme Court Justice Otto Kaus, a Democrat who served on the court with Chief Justice Rose Bird before voters removed her and two justices over their opposition to the death penalty.
Kaus later said that as hard as he tried to decide cases impartially, he was never sure whether the threat of a recall election was influencing his votes.
For weeks I have read comment upon comment accusing Prop 8 opponents of throwing tantrums because we did not get our way. To which I screamed “WE DO NOT! WE DO NOT!” (whilst throwing a tantrum about being accused of throwing a tantrum). So, I give. I am throwing a tantrum.
Reeva Dubois on why he’s glad Prop 8 passed:
I have no doubt – NONE – that the fallout of Prop 8 will ultimately lead to the federal legalization of same-sex marriage. It might not be next year or ten years from now, but it’s on its way. The gays around this country are organizing, protesting, reaching out to those who continue to misunderstand our lives and stories, and since I have faith in America and everything she represents, I know we will win. That’s why I’m glad Prop 8 passed – it has given the gay rights movement a solid foundation from which to throw an Almighty Tantrum, and we will NEVER shut up about it!
This full essay is beautifully written, thanks Reeva!
Vodpod videos no longer available.
And the winner is…
Phil Walzak (sp?) of Alaska on why he voted for Ted Stevens (R Sen – Alaska) in his recent (failed) bid for reelection following a conviction for failing to report $250,000 worth of gifts:
I voted for him for the things he did in the past, and maybe as a, a way of saying that people in Washington shouldn’t be making decisions for us on what’s right and wrong.
Uh, like, following the law Phil?
Via NPR, All Things Considered, Wednesday, November 20th.