Sexsomnia: Overcoming the Sleep Disorder Defense‪.‬

CAN A SLEEPING DEFENDANT involuntarily sexually assault a child? Many defendants are now claiming involuntary sexual assaults on children and adults, alike. In Canada, a 33-year-old man was acquitted of sexually assaulting a woman he had met earlier in the evening, despite a full confession to law enforcement. (1) In New Jersey, a 41-year-old man was acquitted of attempted aggravated sexual assault and sexual assault despite testimony from the seven-year-old victim that she awoke to the defendant on top of her with his penis pressed against her vagina and the defendant's admission that he woke up naked next to the victim. The girl's mother, the defendant's girlfriend, also testified that shortly after the incident she witnessed the defendant naked and covered in baby oil. (2) Finally, in a trial convened at Randolph Air Force Base in Texas, the defendant admitted to rubbing his fingers on his 12-year-old daughter's vagina but claimed the act was involuntary. (3) In all three cases, the defendants sought to avoid criminal responsibility for their conduct even though overwhelming evidence existed that each committed the crimes charged against them. All defendants argued that they were not criminally liable for their actions because they were unconscious during the incidents; thus, they did not possess the culpable mental state required to convict. In short, the defendants claimed that they were not guilty because they suffered from a sleep disorder: sexsomnia.