Telegraph.co.uk 09/11/09 [http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/6531852/Woman-claims-order-banning-her-from-noisy-sex-is-breach-of-human-rights.html], 9 novembre 2009
GODERE
Caroline Cartwright, britannica, 49 anni, ha rivendicato in tribunale il suo diritto di fare sesso rumoroso con il marito, dopo essere stata condannata per disturbo della quiete pubblica. Era da tempo oggetto di lamentele e denunce da parte dei vicini, che ne sentivano le urla durante il sesso: tanto acute da definirle «un omicidio» e «innaturali». Lamentele anche dal postino di quartiere e da una signora che passava davanti a casa Cartwright per accompagnare la figlia a scuola. Caroline dice di non essere in grado di limitare le grida durante l’amplesso, e ha chiamato in causa un sessuologo per testimoniare a suo favore. Presentando appello alla Newcastle Crown Court per «una sentenza che infrange i diritti umani».
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Articolo originale:
Woman claims order banning her from noisy sex is breach of human rights -
Caroline and Steve Cartwright’s love making was described as ’’murder’’ and ’’unnatural’’ and drowned out their neighbours’ televisions.
Even the local postman and a woman, who walked past the house taking her child to school, complained and she was given a noise abatement order.
Now Mrs Cartwright is appealing a conviction by magistrates for breaching a noise abatement notice that banned the couple from ’’shouting, screaming or vocalisation at such a level as to be a statutory nuisance’’.
She is using Article 8 of the Human Rights Act to argue that she has a right to ’’respect for her private and family life’’.
Mrs Cartwright, of Washington, Tyne and Wear, is also arguing that she cannot help making the noise and has instructed a sexual psychologist to give evidence on her behalf.
Rachel O’Connor, a neighbour, said she was frequently late for work because she overslept having been awake most of the night because of the noise.
’’It is not very pleasant living there and it has been quite stressful,’’ she told the court.
’’I always feel intimidated living there. I was aware of it when I first moved in but I did not believe it would be this bad.’’
Specialist equipment installed in Miss O’Connor’s flat by Sunderland City Council recorded noise levels of between 30 to 40 decibels, with the highest being 47 decibels.
Marion Dixon, an environmental health manager with the council, told the hearing what happened when the Cartwrights were confronted by the council with the neighbours’ complaints.
’’Mr Cartwright held his head in his hands but Mrs Cartwright seemed to find it quite amusing,’’ she said.
’’I told them at the time that the council found this extremely serious and was considering serving them with a noise abatement notice.
’’She was adamant she could not stop the noise and had always done it.’’