Frias for the rape of a child – the sex must have been sleepwalking – Metro

In March arrested a man in his fifties by police. The man had a young teenager living at home with him and his wife. When the girl turned out to be pregnant conducted a DNA sample from the fetus, which according to the Aftonbladet , came to show that it was the man who was my father. The man was arrested on suspicion of child rape, but argued consistently that he could not remember that sexual intercourse had taken place.

► READ MORE: Suspect uses “sex sleep ‘as a defense in rape trial

According to the pregnant girl to the man having slept beside his wife as she held intercourse with him. According to her, she should have hoped that his wife would wake up and then get her to leave her husband. According to the girl, both husband and wife slept throughout intercourse.

The district court did not, however, the story, and claimed that this was probably an afterthought, writes Aftonbladet. Sexual intercourse in that position the girl claimed that she had sex with the man on would be impossible to implement if he was asleep, and it’s not likely that you do not wake up during intercourse if you are not suffering from somnambulism (sleepwalking), or sleep sex (sömngångarsex). The man came to be sentenced in the District Court to two and a half years in prison for child rape.

The case was then taken up in the Svea Court of Appeal, where the man was acquitted instead. This is because you can not refute that the man actually slept.

The man is now free after four months in jail and, according to his lawyer, very relieved.

– My client is obviously very relieved. He has from day one protested his innocence and we have got an uphill struggle. When one is accused of this type of crime, which is very serious, you get almost to prove his innocence instead of the other way around, so it felt in the District Court. In the Court of Appeal, we had more ear, he says to Aftonbladet and on.

– This has taken him hard, now he just wants to move on with his life.

► READ MORE: Jennifer, 22, sleepwalking: “I wake up that I roar”