In January this year, Timothy Malcolm Rowland, a Sydney
burlesque club owner, was acquitted of rape charges after
successfully arguing that he experienced an episode of sexsomnia, a
sleep disorder causing unconscious sexual activity.
The following outlines what sexsomnia is, as well as its
potential relevance as a defence to the offence of sexual assault (rape) in NSW.
Using Sexsomnia As A Defence for Timothy Rowland's Rape
Case | What is Sexsomnia?
Sexsomnia, or sleep sex, is a rare disorder where individuals
engage in sexual behaviours while in a sleep state. Those affected
often have no recollection of their actions.
It is classified as a non-rapid eye movement sleep disorder,
similar to sleepwalking, night terrors and confused arousals.
Individuals experiencing sexsomnia may exhibit a range of
behaviours, including sexual vocalisations, masturbation, fondling
or attempting intercourse, all while remaining in a state of
partial consciousness.