Abstract
A defendant is charged with a sexual assault. He had had a moderate amount to drink at a night club. His victim had become so drunk that she couldn’t stand up, and he escorted her back to her hotel room. There he slept next to her on the bed. During the night, she awoke to find the defendant on top of her about to penetrate her. She screamed and hit him. He immediately apologized and left the room. In the morning he pleaded with her that it was a mistake.
At police interview, he claimed that he was a sleepwalker and had often made sexual advances to his bed partners. He remembered only parts of the episode.
Questions
Does the complexity of his actions rule out automatism? Are there any features of this episode which weigh against the automatism defence? What features are not consistent with sleepwalking or parasomnia? What effect does the defendant’s consumption of alcohol have on his possible defence of automatism? What issues would it raise if he denied that any sexual activity had taken place? If this episode is due to sexsomnia, would that be an insane or a non-insane automatism? If the defendant was found not guilty by reason of insanity, would commitment to a secure hospital be appropriate? What is the issue with the history of previous sexual behaviour during sleep?