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Rape conviction overturned because defendant suffered from sexsomnia

Originally convicted of rape and sentenced to two years, a 26-year-old man was acquitted by a Swedish appeals court earlier this month because he was not conscious at the time of the April incident.

Backed by a doctor specializing in sleep disorders and his former partner, who told of a similar incident, Mikael Halvarsson persuaded the Sundsvall appeals court that he suffers from sexsomnia and had been asleep at the time of the incident, according to a translated court ruling. The little-known medical condition is similar to sleepwalking or talking in one’s sleep, explain ABC News and an Agence France Presse news report published in the Guardian.

Because Halvarsson lacked criminal intent, he should not have been convicted, the appeals court said. He and the woman who complained to police had reportedly been sleeping in the same bed, under individual blankets.

Experts say sexsomnia exists and has previously resulted in a dozen acquittals in British courts. However, it can be difficult for a jury to distinguish between those who actually do engage in behavior such as sex, excessive eating or even driving while they are asleep and others who pretend to have a sleeping disorder in order to try to escape culpability for their actions, the Daily Mail reported in 2012.

That is especially true when drinking is involved. “Alcohol does not mean it is not genuine—it just makes it more difficult to evaluate the situation,” emeritus clinical psychology professor Colin Espie of the University of Glasgow told the newspaper. “And the fact that people don’t remember anything doesn’t prove they are asleep,”

Hat tip: Hot Topics (San Francisco Chronicle and Seattle Times)

See also:

ABAJournal.com: “Lawyer Says Suspect Was Sleepwalking During Failed Purse Snatching at Casino”

The Day: “Casino robbery trial to go forward without sleepwalking claim”

The Day: “Bridgeport man who robbed 81-year-old woman in Mohegan Sun garage gets 6 years”