Caroline and Steve Cartwright love one another deeply, no one involved in this litigation would question their love. How they love is another story. Neighbors testified that it was “murder” and “unnatural.”
The postman and a woman who had to walk her child past their house on the way to school also complained. They all demanded that the Cartwrights make less noise during their sex sessions.
After repeated complaints from neighbors the Sunderland City Council installed audio recording devices and other equipment in the Cartwright's neighbor's flat. Regular volumes ranged between 30 and 40 decibels, with the highest recorded being 47 decibels. These findings mean that the noise level is equivalent to normal conversation. Shocking considering the context.
More unnerving than the volume was the conversation itself. Arguably, it would best be described as vocalization. Diverse witnesses described it as “just quite unnatural,” “very alarming,” “like he is in inconsiderable pain,” and “hysterical, almost continuous, just screaming.” Further, evidence as to the nature of the noises was provided by a ten-minute tape of one of their romps.
The situation became so bad that eventually a noise abatement notice was issued on April 17, 2009 prohibiting the couple from "shouting, screaming or vocalisation at such a level as to be a statutory nuisance". Caroline Cartwright, 48, charged with having breached the order only two days after it was imposed was unrepentant. ""I can't stop making noise during sex, it's unnatural to not make any noises, and I don't think that I'm particularly loud,' she told the Daily Telegraph. Eventually, she was charged with three breaches of her notice in just ten days, and arrested after the third. She was subsequently convicted.
On Monday her appeal of that conviction was heard. She argued that the ban has no "respect for her private and family life". and violates Article 8 of the Human Rights Act. She also argued that she cannot help making the noise and has instructed a sexual psychologist to give evidence on her behalf.
Media reported earlier this morning that the court had rejected her appeal and upheld the conviction of Caroline Cartwright.