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I've a human right to noisy sex, Asbo wife tells court
A woman slapped with an Asbo banning her from noisy sex has launched an appeal, claiming she is "powerless" to control herself during romps.
Caroline Cartwright, 48, has been given a four-year Antisocial behaviour order (Asbo) preventing her from "making excessive noise" during saucy sessions with her husband.
The order was made by Sunderland magistrates in April after she repeatedly breached a noise abatement notice made after 250 complaints from neighbours.
Cartwright, of Hall Road, Concord, Washington, has launched an appeal against the order at Newcastle Crown Court.
Her grounds for appeal are that she is unable to control her vocalisation during lovemaking and any attempt at restricting her behaviour is a breach of her human rights.
The hearing, before a judge and two magistrates, is expected to last two days.
Prosecutor Andrew Walker told the court: "The case against her is while she is engaged in a perfectly private and normal act in her own home she chooses to engage in it in such a way, because of her excessive volume and nature of her shouting and screaming, that it is selfish, thoroughly antisocial and causes a clear nuisance that we say no neighbour ought to have to suffer.
"No local authority could stand idly by and ignore."
The court heard Cartwright will argue Article 8 of the Human Rights Act will be breached if her ability to have sex with her husband Steven, 48, is interfered with.
To help prove her case of being powerless to control herself during lovemaking Cartwright will call a consultant in psychosexual medicine.
Despite numerous complaints, and neighbours keeping a diary of the misery they have been caused, Cartwright told the court she is unaware of shouting and screaming "yes" during lovemaking sessions.
She told the court: "I don't understand when people ask me why I can't be quiet because to me it's normal.
"A number of things have been written (in complaint) and I don't remember saying it.
"Obviously people say I have said things, but I don't remember it so I don't know. At the time I'm not aware of it."
Her barrister Christopher Rose asked if she would be quiet if she could and she said: "Obviously yes."
She added: "I don't chose to make the noise. I don't make a conscious choice. I don't lay there and think I'm going to make a loud noise or I'm going to scream, it just happens."
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Weather for Sunderland
Tuesday 07 February 2012
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