A WOMAN who claimed a noisy sex ban was a breach of her human rights has lost an appeal against the making of the order.

Caroline Cartwright, 48, is banned by a four-year anti-social behaviour order from making excessive noise during romps with her husband Steve.

The order was made after she repeatedly breached a noise abatement notice made after more than 250 complaints about her "screaming and shouting" - including one from her postman.

At Newcastle Crown Court, Cartwright launched an appeal against her conviction, and the making of the ASBO, on the grounds she was "powerless" to stifle her screams during daily, marathon three hour sex sessions.

And she claimed any order forcing her to do so was a breach of article eight of the Human Rights Act.

Mr Recorder Jeremy Freedman, sitting with two magistrates, dismissed the idea Cartwright cannot control her vocalisation during the romps.

The judge said; "Frankly, we don't believe her.

"We do not find the screaming and shouting was unavoidable and inevitable during lovemaking.

"We find in the main, if not exclusively, it was a product of voluntary acts on behalf of the defendant.

"We are prepared to accept that, and we use our own experience, that at the point of climax there may be some involuntary noise.

"What we are unable and unwilling to accept is for periods of two hours to three hours a lady engaging in sexual relations is unable to control shouting and screaming and the like.

"It defies common sense that that is unavoidable."

The judge said he also rejected claims her human rights had been breached by the making of the ASBO.

He said steps such as closing windows, asking her husband to remind her to be quiet, and making efforts herself to tone down the noise could and should have been deployed.

The judge added: "We do not find there is any infringement of her human rights in any shape or form."

Mr Recorder Freedman said after his judgment upholding the conviction, the ASBO, as well as the £200 fine and £300 costs, would stand.

He imposed a further £200 costs order towards the £3,000 cost of the appeal hearing.

Cartwright, of Hall Road, Washington, denied three breaches of the ASBO, said to have occurred in April this year.

She will be tried by a jury in December and was granted bail in the meantime.