‘Noisy sex’ Brit woman escapes jail term
By ANISaturday, January 23, 2010
LONDON - A British woman, who broke an Asbo for having sex too loudly, has escaped being sentenced to prison after she admitted to breaching the order within days of it being imposed.
A complain about Caroline and Steve Cartwright’s sex life being loud had been made by the local postman and a woman taking her child to school.
Caroline, 48, had at first been given a noise abatement notice, but when she breached it, a tougher Asbo was imposed, which ordered her to quieten down in the bedroom.
However, just after it was imposed, she broke it again, and then failed in an appeal to have it overturned.
The couple’s lovemaking has been described as “murder” and “unnatural”, especially since it was loud enough to drown out the neighbours’ televisions.
And when specialist equipment was installed in a neighbour’s flat by Sunderland City Council, the noise level recorded was between 30 to 40 decibels, with the highest being 47 decibels.
Caroline said she could not help making the loud noise during sex with her husband at their home in Hall Road, Concord, Washington, Tyne and Wear, and used Article 8 of the Human Rights Act to argue she had a right to “respect for her private and family life”.
At an earlier hearing she explained she was unable to control the noise she made during sex, but when her appeal failed she admitted three charges of breaching the Asbo in December.
She returned to Newcastle Crown Court with her husband, and Judge Beatrice Bolton sentenced her to eight weeks in prison suspended for 12 months.
“An anti-social behaviour order was made against you in rather unusual terms,” the Telegraph quoted the judge as telling her.
“I’ve heard a very short extract of the noise you make and can well see that your neighbours would be upset and distressed by this.
“The difficulty here is that the first occurrence was the day following the order. Then three days later you breached it again.
“In addition it’s quite clear from the small extract I heard that you made no attempt to silence yourself.
“Eight weeks in prison suspended for 12 months. It needs to be a prison sentence because you need to be deterred.
“Also if you commit further offences of this nature that sentence will be passed and you will be made to serve it,” the judge added. (ANI)