In my hometown, Cincinnati, a homeless man raped a 23-year old university student who was out for a sleepwalk at about 3:30am.
Worse yet, the homeless dude knew he was HIV-positive and could pass the disease on to the young lady.
The accused faces rape, kidnapping and felonious assault charges.
The defendant's attorney has to cast doubt on the woman's story.
The lawyer will ask "How is he to know she is sleepwalking, if it's a dream 'yes' or a real 'yes?'" when arguing perceived consent.
The prosecutor will respond, "It's not like she was carrying on a normal
conversation."
But, why doesn't the sleepwalker tie herself to the bed at night if this sort of thing might happen?
She had taken other nocturnal jaunts before.
How would you protect yourself if you knew you were a sleepwalker?
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