Sleepwalking defense fails for once

A lot of previous such claims in Britain have seen the offender walk free. The "sleepwalking" is mostly just drunk-walking, it seems

A father who claimed he was sleepwalking after being accused of groping a woman at a wedding has been convicted of sexual assault. Matthew Forster fondled a sleeping 23-year-old woman in a communal room at a hotel following the reception.

During his trial at Newcastle Crown Court the 37-year-old, who has an art gallery in Hexham, Northumberland, told jurors he accepted what the woman said had happened to her in the room must be true.

But the married dad-of-two said he remembered nothing about what had gone on and that the only thing he knew he did in the room that night was to go to sleep.

Forster said although he admitted he must have done what the woman claimed, he was not guilty of sexual assault as he would have been sleepwalking at the time.

The victim had told jurors how she woke up during the night at a hotel in Northumberland to find someone touching her in the darkness and initially froze but then fought back by biting her attacker. Forster had a bite mark to his chest and a scratch mark on his face the following morning.

After four hours deliberation jurors, who had been told by Judge Guy Whitburn that being asleep was not a defence in this case, found him guilty.

Judge Whitburn, who said the case was 'highly unusual,' sentenced Forster to six months imprisonment, suspended for two years, with 100 hours unpaid work. Forster must register as a sex offender for five years.

The judge said: 'I have formed my view. I think this is a classic case of alcohol amnesia. 'I think he drank far too much alcohol, he behaved in this way and I think the state of intoxication was such he genuinely forgot and convinced himself he must be asleep, that's my reading of it.'

Judge Whitburn said he was 'saddened' to have to sentence a man of such positive good character who is clearly devoted to his wife and two children, for such an offence.

The judge told Forster: You either convinced yourself or have actually forgotten that you committed it. 'I am quite sure these courts will not see you again.'

Forster said the next thing he knew was when he woke up the next morning he was in the same room but a different bed and was completely naked. He told jurors: 'It was daylight. I didn't know what time it was but I got the sense from the light outside it was fairly early morning.

'There was a lot of noise and swearing and shouting and people in the room.I'm a deep sleeper and find it difficult waking up at the best of times. 'It took me 10, 15, 20 seconds to get into focus of what was happening. If ever I thought I was having a nightmare that was real, that was it.'

Forster said he couldn't understand why the people in the room were being angry and aggressive towards him.

He said even after he was arrested and taken to the police station he believed it had been a misunderstanding. Forster added: 'I couldn't believe it was happening, I just couldn't understand how it could possibly have happened, I couldn't work it out.

'My recollection was very clear of what happened in that room, I went to bed, went to sleep and was woken up. 'I was astonished, it seemed like a very bad dream.'

Forster said he had no reason to dispute what the woman claimed happened to her but said he did not touch her deliberately.

He added: 'I am a faithful husband, the thought of intentionally doing something like that is, quite frankly, ridiculous.'

Original report here




(And don't forget your ration of Wicked Thoughts for today. Now hosted on Wordpress. If you cannot access it, go to the MIRROR SITE, where posts appear as well as on the primary site. I have reposted the archives (past posts) for Wicked Thoughts HERE or HERE or here