Wednesday, July 16, 2008

Are sleep sex disorders a license for sexual assault?


Here’s an unimaginable thought: It’s late, you go to bed, have sex, wake up in the morning and don’t remember anything until someone has either slapped your face or filed sexual assault charges against you. Seem unreal? Maybe not…

Many of us are so busy working and taking care of business that we have become a nation of sleep deprived zombies. Scientists now have reason to believe sleep deprivation can lead to a sleeping sexual disorder called sexsomnia.

Sexsomnia describes a condition for people who unknowingly have sex while asleep. As unrealistic as this may seem, studies have been conducted to prove otherwise. In a review of studies regarding behavioral sleep disorders between 1950 and 2006, psychiatrist Carl Schenck and colleagues found that sleep terrors or sleepwalking increase chances of sleep sex. Those with a history of sleep apnea, bedwetting, and seizure disorders appear to be at greater risk for sexsomnia. Researchers are now realizing that these sex disorders can be treated with medication.

Documented sleep sex clinical cases include:

• A 34-year-old man pleasuring himself every night, after sleeping for two to three hours, despite having sex nightly with his wife before bedtime;
• A 26-year-old woman talking erotically to her husband between 2 and 5 a.m. When he responded, she awakened and accused him of forcing sex on her while she slept;
• A husband who grabbed his wife’s butt and would grind up against her from behind while sleeping.

Sexsomnia now involves the “no consent” issue of sex. Courts, couples and victims are now grappling with accountability and consequences for sex sleepers. For example, in February, an Ontario Court of Appeal upheld an acquittal on sexual assault charges against a 35-year-old Toronto man who tried to have sex with a woman at a party. Both were asleep before the man attempted intercourse while in a state of sexsomnia (he was drinking).

This was the first time the court had addressed a sexsomnia defense. The court eventually ruled that his actions were without conscious control. For example, breathing is without conscious control. The court ruled there was no sexual assault because there was no criminal intent. The Toronto man was acquitted of his charges.

I am not totally sold on this disorder, but don’t rule it out as a possibility. As this disorder gains publicity, I can see smart defense attorneys using sexsomnia as justification to get their clients off (no pun intended) on rape and sexual assault charges. It looks like more legal ways to tie up our court system in knots.



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