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ARTICLE · 18 APRIL 2025

Timothy Rowland's Sexomnia Defence for Rape Charges

What is sexsomnia as well as its potential relevance as a defence to the offence of sexual assault (rape) in NSW.

AustraliaCriminal Law

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.

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