NCJ Number
146171
Journal
Corrective and Social Psychiatry and Journal of Behavior Technology Methods and Therapy Volume: 38 Issue: 1 Dated: (January 1992) Pages: 1-4
Date Published
1992
Length
4 pages
Annotation
This article examines actual and potential legal issues in a case of alleged rape in which the defendant claimed he was unaware of the rape due to his being in a sleep walking state.
Abstract
A 41-year-old man was accused of raping the 13-year-old niece of the woman with whom he was living. The niece made the accusation, claiming that the crime occurred in her bed in the early morning while her aunt was away. She also stated she had never before engaged in sexual behavior. The man's defense centered on his allegation that he was a known sleepwalker and that he had no recollection of committing the rape. During the pretrial phase, however, the girl recanted her allegations, saying she had actually had intercourse with her boyfriend and made the allegations because she was afraid she had become pregnant. There were also medical complications in evidence collection. The emergency room physician failed to conduct a serology test of the seminal fluid. This test can reveal the identity of the individual from whom the seminal fluid came. This article summarizes the types of legal issues, both criminal and civil, that could arise in this case. Potential criminal proceedings could involve charges of neglect against the man and the aunt for not shielding the 13-year-old girl from premature sexual relations. Charges could also be brought against the girl for perjury, conspiracy, false imprisonment, and even burglary. Other potential criminal proceedings are statutory rape charges against the boyfriend and charges of aiding and abetting a fugitive against family members who sheltered the alleged rapist before his arrest. Eleven potential civil cases are also outlined, including the alleged defendant's claim against the emergency room physician for failing to collect evidence that would have cleared him of the charges. In fact, all criminal charges against the defendant were dropped and no other criminal charges or civil suits were brought in the case. The article shows, however, how complex a case can become if all the legal issues are pursued.