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Woman held for noisy sex 'breach'


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Woman held for noisy sex 'breach'

http://news.bbc.co.uk/2/hi/uk_news/england/wear/8021185.stm

27 April 2009

A woman has been remanded in custody accused of breaching an Asbo banning her from being noisy during sex.

"Can you hear me moanin' and groanin' babe ?"

Neighbours complained of hearing Caroline Cartwright, 48, groaning and her bed banging against the wall at her home in Washington, Wearside.

Earlier this month she was given a four-year Asbo banning her from making excessive noise anywhere in England.

But she appeared in court on Monday, charged with three breaches of her Asbo in just 10 days.

She was remanded in custody until 5 May.

Cartwright was convicted of five breaches of a noise abatement notice on 17 April and fined £515.

But Houghton le Spring Magistrates' Court heard police arrested her on 18 April, on 22 April and again on 26 April, after reports from neighbours she was flouting the ban with her husband Steve.

Prosecutor Claire Ward said neighbours complained to police about early morning noises including shouting and groaning coming from the Cartwrights' home in Hall Road, Concord, Washington.

Cartwright elected to be tried by jury and the case will be transferred to Newcastle Crown Court at a later date.

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This is the first time that I have seen a case where someone used a noise abatement statute to interfere with someone's sex life. Noise abatement usually applies to airports.

Even the notion that making noise during sex should be considered anti-social is disturbing on its face.

Maybe the next anti-social behavior order will require newborns not to cry when they are hungry.

It is definitely, moronically stupid. Can you imagine trying to enforce this law? It won't only be applied to Caroline. All the courts will be plagued by these complaints if this kind of ruling is upheld. There are plenty more Carolines out there. Singling her out and targetting her with this kind of state-sponsored tyranny is shocking. This is just too much government interference in people's lives. Someone owes her an apology.

Especially to have the ban apply to anywhere in England. That is too far-reaching. That earns today's dumb law award.

They ought to refund her money if she has already paid the fine and find a way to dismiss the case.

Expanding noise abatement statutes to cover sex between consenting adults is opening a can of worms.

Defenses that come to mind involve the infringement of the right to free association, and a counter complaint of invasion of privacy, infliction of severe emotional distress and defamation of character. It had to be embarrassing for her to be dragged into court over this kind of frivolous and malicious action. I am sure there will be more defenses.

It's these type of civil actions that really make people appreciate the concept of less government.

And if it doesn't stop in England, pretty soon other jurisdictions in the world will try to pull the same nonsense.

Okay, now I am going to make coffee.

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Psh. That's just neighbors who need to get laid :rolleyes:. Or maybe it's the husbands trying to shut her up because, they can't make their wives be that loud. Or maybe it's the wives trying to shut her up because, they're just that jealous. Some women do scream at 3am for all the right reasons haha :P . Just sayin..

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I didn't like it when girlfriends got to loud. It was a turn off. It's not classy or attractive. You can still enjoy yourself without getting silly.

But the banning stuff is a bit much.

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WTF's an asbo? And whatever it is, I don't want one.

Hi Aqua,

Behave yourself, keep quiet, dont offend anyone, in fact just stay in your own home with the lights off and dont breath too deeply and you will be fine. :watchingyou:

Regards, Danny

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Anti-Social Behaviour Order. It gets clamped on people when they're basically anti-social. Mostly kids get them - can't say it works a great deal.

Hi LDW,

The trouble is not with Kids getting them, its that getting one hightens your street "Cred" so all the little tearaways want them, and the more the merrier.

Regards, Danny

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Anti-Social Behaviour Order. It gets clamped on people when they're basically anti-social. Mostly kids get them - can't say it works a great deal.

So, having sex is now Anti-Social Behaviour? Oh man...

I think my only issue is that I' a bit jealous that woman's sex life sounds a bit more exciting than mine. <_<

I mean really--the woman's making noise because it's fun, not because she's tryingto be obnoxious!

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Hi LDW,

The trouble is not with Kids getting them, its that getting one hightens your street "Cred" so all the little tearaways want them, and the more the merrier.

Regards, Danny

Never mind ASBO's - National Service will sort 'em out. Bring it back.

So, having sex is now Anti-Social Behaviour? Oh man...

I think my only issue is that I' a bit jealous that woman's sex life sounds a bit more exciting than mine. <_<

I mean really--the woman's making noise because it's fun, not because she's tryingto be obnoxious!

No, the ASBO wasn't because of her having sex, it was that she was breaching something she'd already been warned on - to keep it down. Her anti-social behaviour came from the fact that she had completely disregarded her neighbours. Most houses in Britain are attached to another, so there would've been a very high chance that the family next to her would've heard her. I may like having sex, but I sure as shit don't want to hear you having it (nor directed at you, manderlyh).

There have been a few instances where neighbours have been given ASBO's for playing loud music constantly. The song isn't what warrants the ASBO, it's the level of noise and complete disregard for fellow neighbours. That's really what the ASBO is about in terms of anti-social behaviour, not the sex. We're not that prudish.

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I have lived in apartments before where you can hear the neighbors having sex. Yes, it's a little gross when you hear them at it, but come on! Punishing her for being too loud? That's just a little on the stupid side.

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