The sleepwalking defense?

[ccharles000]

http://www.feministing.com/archives/012277.html

More and more cases are popping up where men are being acquitted of rape with the defense that they were sleepwalking so they didn't realize they were raping someone. Common sense-wise, this holds almost no water, yet it seems to be a viable defense for some courts.

Jason Jeal, a 37-year-old roofer with no medical history of sleepwalking, admitted sex had taken place. But he was cleared of rape after he insisted he had been asleep and had no idea what he was doing.
Mrs McKenna, a middle-class mother of one whose husband holds a respectable full-time position, said the acquittal in June had left her feeling 'shocked and degraded'.

Last night, she waived her right to anonymity to highlight her concern that attackers will increasingly use the defence that they were asleep. She has already gained the support of MPs and campaigners who argue the sleepwalking defence 'defies common sense'.


Apparently, carrying out sexually violent acts in your sleep is called 'sexsomnia' and is condition where you carry out "indecent" acts in your sleep. I think it should probably be more aptly titled "rapesomnia" since sex assumes consent.

I find this story and the other examples of the sleepwalking defense to be extremely troubling. Thoughts?

[Wapsie B]

1. To conclusively prove he has somnabulism (sleep walking) he needs to be evaluated

by a sleep physician and given a sleep study or studies to document this condition. I've seen people who've tried that defense, one in the case of child molestation. But I never saw anything that would even hint at him being able to sleep walk.