Man with "sexsomnia" acquitted of rape charges - Australia

[IwantToRetire]

Some claim the sexsomnia defence may be a way for people accused of sex crimes to evade justice

Over the past decade, “sexsomnia” has been used as a defence in a number of Australian sexual assault trials.

The disorder apparently causes people to engage in sexual behaviour while asleep.

Last week, a Sydney man with sexsomnia was acquitted of rape charges. The dispute was not whether he had sex with the woman, nor whether she consented.

The question was whether the man’s actions were voluntary. This turned on whether he was asleep or awake when he performed the acts.

The apparent increase in the use of the sexsomnia defence has raised concerns, both in Australia and overseas. Some claim the defence may be a way for people accused of sex crimes to evade justice.

Article continues at https://www.independent.co.uk/health-and-wellbeing/sexsomnia-rape-case-sleep-sex-b2694239.html

Great, just what was needed, a justification for rape FFS 🙄😡

It's odd how progressive thinking in criminal justice somehow seems to fall on the side of additional detriments to one sex.

What utter rubbish! They will literally do anything to keep letting men get away with rape.

What I dont understand is that as rape is about women not consenting surely it was rape.

Just shows you that even when men harm women or worse, it is still viewed from the male perspective, never from the experience of the women who are violated by men.

Its disgusting.

No mention of her trauma.

What a convenient nonexistent condition.

If he is claiming it is real then he should be placed in a mental health institution without possibillity of release. Because he committed rape and there is no guarantee he won't do so again!
That corollary to such a defence should dry it up!🙄

Jesu Christ. I really have heard it all now.

The disorder apparently causes people to engage in sexual behaviour while asleep.

Are there any documented cases of women doing this?

This is insane.

Would someone with kleptomania be acquited of shoplifting?

Would someone with exhibitionistic paraphilia be acquited of public indecency?

The only time "I couldn't help it" is considered a reasonable defence is when a person is considered so certifiably insane that they are a danger to society, and they are then locked up indefinitely in a mental hospital.

Did everyone who has commented read the article.

This is now become common and accepted in Australia.

And I think has been accepted in some other countries.

If this condition is "real" then surely the person concerned should accept that they should never sleep in a house, flat or hostel with anyone else. He is too dangerous to be allowed to be out in public.

Or are all women just supposed to be kind and say not to worry, I know you didn't mean it.

They already seem to make full use of BDSM related excuses so this is on top of that :(

Indeed!

https://www.theguardian.com/society/2024/apr/14/fears-sexsomnia-defence-in-cases