Sexsomnia Dad Jailed!
Sexsomnia Dad Jailed!
Why is that a sexsomnia dad in Ontario, Canada wasn’t jailed after sexullay molesting his 7 year old daughter due to a proven sexsomnia condition, yet in the UK this Sexsomna Dad Jailed?
What do you think happened here? Share your thoughts on this blow to sexsomniacs everywhere below. Good, bad, or indifferent what do you think and feel about this case?
Did the judge & jury make a mistake in the case judge too swiftly leading to a Sexsomnia Dad Jailed?
Here’s the original news bit from Greater Manchester News about the Sexsomnia Dad Jailed.
A dad who was jailed despite claiming he was asleep when he sexually assaulted a woman at a party has won a right to appeal his conviction.
Alan Walker, 49, of Nook Farm Avenue, Rochdale, was alleged to have assaulted his victim as she slept at a house party in January 2011.
But Walker claimed he was suffering from ‘sexsomnia’ and was asleep when it happened and so was not legally responsible for the attack.
A jury found him guilty of assault by penetration at Bolton Crown Court in March 2012 and he was jailed for two years.
But today he won the first stage of his fight to clear his name, when three top judges in London said the conviction was ‘arguably unsafe’.
Sitting at the Court of Appeal, Mr Justice Coulson, Lord Justice Burnett and Judge Peter Collier QC granted Walker permission for a full appeal against his conviction.
His barrister, David Emanuel, argued that the trial judge had not properly directed the jury about how to consider Walker’s previous character and the fact he had no previous convictions.
Granting permission to appeal, Mr Justice Coulson said: ‘It is at least arguable that the recorder erred in giving the direction in the way that he did.
‘It is arguable that the direction left it to the jury to decide whether or not the applicant was of good character.’
If that was the case, then the judge had not directed the jury correctly, he continued.
‘We consider that the best course is to allow this application,’ he concluded.
Walker, a delivery driver, has always claimed that he was not awake when the incident happened at a house in Whitworth, Lancs.
It raised the defence of ‘sexsomnia’, an identified sleep disorder which has resulted in acquittals of alleged sex offenders in some previous cases.
No date was set for the full hearing of Walker’s appeal.