‘Sleep, Sex and Violence’? – Drystone Chambers

Posted October 4th, 2023 in automatism, chambers articles, news, sleepwalking by sally

‘It is over 17 years since I first ran a defence based on parasomnias. The circumstances of the offence were that in the early hours a 28-year-old man, whilst staying over at a friend’s house, had left the living room where he was sleeping, walked down the short hallway to his friend’s 15-year-old stepdaughter’s room and got into bed with her (he had slept in her room the night before) and touched her on her breasts. Two experts later (a sleep disorder expert and a neurologist) and I had evidence supportive of his case that what he had done had been in a state of sleep. I ran a defence of non-insane automatism based on somnambulism (sleepwalking) and sexsomnia (sexual activity in sleep). The jury acquitted. 6 years later I represented the same man charged with attempted murder. He had left his house, walked the short distance to his friend’s house, entered by an unlocked side door, went into her bedroom, got on her top of her and then put an axe to her head. Same experts, same defence, save that in this case the judge determined the appropriate defence was insanity and not non-insane automatism. The jury rejected insanity and the defendant was convicted.’

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Drystone Chambers, 19th September 2023

Source: www.drystone.com

60 violent and sexual offence cases wrongfully dropped in past year, BBC discovers – BBC News

‘Violent and sexual crimes are among cases wrongfully dropped by the Crown Prosecution Service in the past year.’

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BBC News, 11th October 2022

Source: www.bbc.co.uk

Woman to sue CPS after rape case dropped over sexsomnia claims – The Guardian

Posted October 6th, 2022 in consent, Crown Prosecution Service, news, prosecutions, rape, sleepwalking by sally

‘A woman is suing the Crown Prosecution Service after it admitted her rape case should not have been dropped because of claims she had an episode of a rare sleep condition called sexsomnia.’

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The Guardian, 5th October 2022

Source: www.theguardian.com

Sleepwalking man cleared of sexually assaulting woman – BBC News

Posted August 21st, 2019 in bail, hospital orders, mental health, news, sexual offences, sleepwalking by sally

‘A man with a history of sleepwalking has been found not guilty by reason of insanity of sexually assaulting his friend’s girlfriend.’

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BBC News, 20th August 2019

Source: www.bbc.co.uk

Sleepwalking sailors dismissed by Royal Navy – The Guardian

Posted December 18th, 2015 in armed forces, dismissal, freedom of information, news, sleepwalking by tracey

‘Revelation comes as armed forces’ rules are being updated and also to disqualify those who suffer from “sleep terrors.”’

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The Guardian, 18th December 2015

Source: www.guardian.co.uk

‘Sleepwalking’ drink driver avoids jail after crashing car at 100mph – Daily Telegraph

Posted June 3rd, 2013 in drunk in charge, news, road traffic offences, sleepwalking by sally

“A drink driver who crashed his car at 100mph has avoided jail after telling a court he was sleepwalking.”

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Daily Telegraph, 3rd June 2013

Source: www.telegraph.co.uk

‘Sexsomnia’ claim actor Simon Morris jailed for raping teenager – BBC News

Posted February 25th, 2013 in news, rape, sentencing, sleepwalking by sally

“An actor who claimed he was suffering from the sleep disorder sexsomnia when he raped a 15-year-old girl after getting her drunk has been jailed for eight years.”

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BBC News, 25th February 2013

Source: www.bbc.co.uk

‘Sleepwalking’ rapist jailed for six years – The Guardian

Posted March 29th, 2012 in news, rape, sentencing, sleepwalking by sally

“A man who claimed he was sleepwalking when he raped a 17-year-old girl at a Portuguese holiday resort in 2009 has been jailed for six years.”

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The Guardian, 29th March 2012

Source: www.guardian.co.uk

‘Sexsomnia’ sufferer cleared of rape – The Guardian

Posted July 5th, 2011 in news, rape, sleepwalking by sally

“A man accused of raping a teenage girl walked free from court today after successfully arguing he could not stop himself from having sex while asleep.”

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The Guardian, 4th July 2011

Source: www.guardian.co.uk

Victim speaks out after man cleared of rape while sleepwalking – Daily Telegraph

Posted November 17th, 2008 in news, rape, sleepwalking by sally

“A woman has spoken out after a man accused of raping her became the latest to be cleared because he was sleepwalking.”

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Daily Telegraph, 16th November 2008

Source: www.telegraph.co.uk

End sleepwalk rape defence – MP – BBC News

Posted October 16th, 2008 in news, rape, sleepwalking by sally

“A Labour MP is seeking to outlaw the defence of sleepwalking in rape cases, arguing that acquittals on such grounds are ‘political correctness gone mad’. ”

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BBC News, 15th October 2008

Source: www.bbc.co.uk