PAULDING COUNTY, Ga. — A Paulding County man accused of sexual battery said he was walking in his sleep when the incident happened. And his lawyer said you don’t have intent to commit a crime if you’re asleep.Scott Axleburg is on trial in the Paulding County Courthouse for aggravated sexual battery. The defense has said that you cannot be guilty if you don’t know what you’re doing.
“And when I woke up, Scott Axelburg had his hands down my pants,” said the babysitter.
A then 16-year-old girl described a night three years ago when she was babysitting overnight so the defendant and his family could get an early start to his son’s baseball tournament and she would be there with his toddlers.
More here.
The article says that to be found guilty he has to have a conscious awareness of what he was doing. Therefore, if he molested the 16-year-old babysitter while he was sleepwalking, he’s not guilty.
Are you buying this defense?? LOL
h/t Shadowscope and Adeline & Hazel
why would the babysitter wait 3 years to get him arrested?
and maybe he was sleepwalking!