In a landmark legal decision, an Australian court has acquitted a married man of sexually assaulting a 14-year-old girl after medical experts successfully argued he was experiencing ‘sexsomnia’ – a rare sleep disorder – during the incident. The defendant, identified only as RE, was found not guilty despite conclusive evidence that inappropriate physical contact occurred during a 2021 holiday gathering on New South Wales’ Central Coast.
The case centered around a nighttime incident where RE, his wife, the victim, and the victim’s mother were sharing a hotel room. Court testimony revealed the girl had entered RE’s bed seeking warmth, after which he allegedly touched her genitalia while apparently asleep. Critical evidence emerged when RE’s phone rang during the incident, requiring his wife to awaken him with raised voices – a detail that supported the sleep disorder defense.
Medical specialists testified that RE exhibited classic symptoms of sexsomnia, a parasomnia condition characterized by engaging in sexual behaviors while unconscious. Dr. Antonio Fernando, a sleep expert witness, explained that such behaviors occur without conscious awareness, with 90% of patients having no memory of episodes. RE’s wife corroborated this diagnosis, describing his history of unconscious nighttime behaviors including sleepwalking and sleep-eating.
The court heard RE had been taking strong prescription pain medication that reportedly increased libido, though Judge Phillip Mahony ultimately determined the defendant was asleep during the seven-minute incident and therefore incapable of forming criminal intent. Despite finding the victim’s testimony entirely credible and establishing that physical contact occurred, the judge ruled the acts were involuntary.
The February 27 acquittal followed a retrial after RE successfully appealed an earlier conviction, highlighting evolving legal recognition of sleep disorders in criminal proceedings. The case represents a growing challenge for judicial systems worldwide as they grapple with rare neurological conditions intersecting with criminal law.