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  • Sexsomnia – Excusable or Just Insane?

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    Author(s)
    Davis, Colleen
    Griffith University Author(s)
    Davis, Colleen
    Year published
    2015
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    Abstract
    In a number of recent cases, people charged with sexual offences have raised sexsomnia as a defence. Sexsomnia is a variant of sleepwalking, and the gist of the defence is that the accused’s conduct was involuntary, carried out while in an automatistic state. The law recognises two types of automatism: sane and insane.The former results in a complete acquittal whereas the latter leads to a special verdict of not guilty on the grounds of insanity or mental illness/impairment/disorder. Judges in Canada, England and Australia have relied on tests such as the internal/external and continuing danger tests to determine whether ...
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    In a number of recent cases, people charged with sexual offences have raised sexsomnia as a defence. Sexsomnia is a variant of sleepwalking, and the gist of the defence is that the accused’s conduct was involuntary, carried out while in an automatistic state. The law recognises two types of automatism: sane and insane.The former results in a complete acquittal whereas the latter leads to a special verdict of not guilty on the grounds of insanity or mental illness/impairment/disorder. Judges in Canada, England and Australia have relied on tests such as the internal/external and continuing danger tests to determine whether automatism is caused by a disease of the mind, and therefore insane. However, these tests are unhelpful in sexsomnia cases and the outcomes have been inconsistent. The recent Canadian Court of Appeal case of R v Luedecke provides a useful model for future sexsomnia cases.
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    Journal Title
    Criminal Law Journal
    Volume
    39
    Publisher URI
    http://legal.thomsonreuters.com.au/criminal-law-journal-online/productdetail/97167
    Copyright Statement
    © 2015 Thomson Reuters. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Criminal Law and Procedure
    Law
    Publication URI
    http://hdl.handle.net/10072/81887
    Collection
    • Journal articles

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