During the hearing, the accused noted that he had an episode of psychological disorder at the time of the crime.
A jury in Australia acquitted Timothy Malcolm Rowland, accused of raping a woman. The jury found that the defendant acted unconsciously due to a mental disorder called sexomnia.
The Guardian reported on this case.
The incident occurred on August 26, 2022. Rowland and the victim were relaxing in a cocktail bar, and at about 1 a.m. they went to his apartment. There they drank again and took a bath.
The woman fell asleep, but at about 6 a.m. she woke up because the man had intimate contact with her. She pushed him away and quickly left the apartment.
During the trial, Rowland claimed that he had experienced an episode of sexsomnia, a mental disorder in which people engage in sexual behavior in their sleep.
There was no dispute about the defendant's diagnosis, but the jury had to determine whether he was actually asleep at the time of the incident. Lack of additional evidence was the deciding factor for the acquittal.
Judge John Pickering stressed that a person cannot be found guilty of a crime that he committed unconsciously.
“We are not going to punish people for actions over which they have no control,” he stressed.
The judge also noted that the law does not regulate the issue of sexsomnia. He stressed that the court's verdict must be based on a cold analysis of the facts, without taking into account the emotions of the injured party.
Recall that a man raped in the middle of the street The 17-year-old girl who was returning home was sentenced to 9 years in prison.
Related topics:
More news
