In Australia, a man who raped a woman in her sleep was acquitted. This was reported by UNN with reference to The Guardian.
Details
It is noted that a 40-year-old man told a jury that he had an episode of sex addiction, a disease in which people engage in sexual behavior while sleeping.
According to the publication, the incident occurred on August 26, 2022. Timothy Malcolm Rowland and the victim were drinking at a cocktail bar, and around one in the morning, the couple went to the man's apartment. There they had another drink and took a bath together, after which the woman fell asleep. Around 6 am, she woke up to Rowland having sex with her. She pushed him away, jumped out of bed and ran away.
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During the trial, there was no dispute that the man suffered from sex addiction. However, the jury was faced with the question of whether the man was actually asleep during the crime. And since the court had no additional evidence of this , Rowland was acquitted.
Judge John Pickering noted that a person cannot be found guilty of a crime that he or she committed unconsciously.
We are not going to punish people for actions over which they have no control
“There are no laws on this. There are no criminal offenses about this. And it's not for you to make laws,” the judge added, commenting on the defendant's diagnosis .
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