In Australia, a man has been acquitted of rape after being diagnosed with “sexsomnia”, a condition in which people engage in sexual activity while asleep.
The Guardian writes about this.
The incident occurred on August 26, 2022. Timothy Malcolm Rowland and the sexual assault victim were drinking at a cocktail bar and headed to the manʼs apartment around 1 a.m. There, they had another drink and took a bath together, after which the woman fell asleep. At around 6 a.m., she woke up to Rowland having sex with her. The woman pushed him away, jumped out of bed, and left the apartment.
At trial, Rowland said he had an episode of sexsomnia, a mental disorder in which people exhibit sexual behavior during sleep.
During the trial, the jury did not dispute that the man suffered from sexsomnia. But they did wonder whether he had actually fallen asleep during sex. However, there was no additional evidence to support this charge, so Rowland was acquitted.
Judge John Pickering noted that a person cannot be found guilty of a crime they committed unconsciously: "We are not going to punish people for actions they cannot control."
The judge also added that there are no current laws, rules or regulations governing sexsomnia, and that sentencing is a “cold analytical process” that “should not take into account what the alleged victim or society may be feeling”.
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