Sexsomnia dad not criminally responsible

Court room.</p>


, Last Updated: 3:20 PM ET

His seven-year-old daughter slapped him across the face as he grappled with her in her bed.

Even that didn’t stop his probing hands.

But a judge found the man was asleep and in the grip of sexsomnia when he sexually touched his daughter in the dead of night.

The 50-year-old man, who can’t be named to protect the identity of his daughter, was deemed not criminally responsible for his actions in a hard-won victory for defence lawyer Ken Hall. He’ll be under the supervision of the Ontario Review Board.

Dec. 11, 2010, started pleasantly enough — drinks with a buddy while his wife prepared for a craft show the next day. Wandering home after midnight, exactly what happened next may never become clear.

A police interview and two trials — the first ended in a mistrial — led to a number of different versions of events coming before the court.

Source:  26 Feb 2015

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Dad jailed for sex assault allowed to appeal after claiming he was asleep when it happened

A dad who was jailed despite claiming he was asleep when he sexually assaulted a woman at a party has won a right to appeal his conviction.

Alan Walker, 49, of Nook Farm Avenue, Rochdale, was alleged to have assaulted his victim as she slept at a house party in January 2011.

But Walker claimed he was suffering from ‘sexsomnia’ and was asleep when it happened and so was not legally responsible for the attack.

A jury found him guilty of assault by penetration at Bolton Crown Court in March 2012 and he was jailed for two years.

But today he won the first stage of his fight to clear his name, when three top judges in London said the conviction was ‘arguably unsafe’.

Sitting at the Court of Appeal, Mr Justice Coulson, Lord Justice Burnett and Judge Peter Collier QC granted Walker permission for a full appeal against his conviction.

His barrister, David Emanuel, argued that the trial judge had not properly directed the jury about how to consider Walker’s previous character and the fact he had no previous convictions.

Granting permission to appeal, Mr Justice Coulson said: ‘It is at least arguable that the recorder erred in giving the direction in the way that he did.

‘It is arguable that the direction left it to the jury to decide whether or not the applicant was of good character.’

If that was the case, then the judge had not directed the jury correctly, he continued.

‘We consider that the best course is to allow this application,’ he concluded.

Walker, a delivery driver, has always claimed that he was not awake when the incident happened at a house in Whitworth, Lancs.

It raised the defence of ‘sexsomnia’, an identified sleep disorder which has resulted in acquittals of alleged sex offenders in some previous cases.

No date was set for the full hearing of Walker’s appeal.


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Sexsomnia Voids Criminal Case

A Winnipeg man has been found not criminally responsible for repeatedly raping his wife on the grounds he was suffering from a rare sleep disorder known as “sexsomnia.”

The case, decided Friday in a city courtroom, is the first of its kind in local legal history and one of only a handful ever seen in Canada.

Queen’s Bench Justice Chris Mainella said expert evidence submitted by both the Crown and defence lawyer Todd Bourcier, along with testimony from the victim, proves the 36-year-old accused had no control over his actions during dozens of attacks that occurred over a four-year span.

“She did not see the face of her husband. He had a cold, angry stare,” Mainella said of the woman. “The actions of the accused were involuntary. He was robotic, emotionally vapid.Continue reading “Sexsomnia Voids Criminal Case” »

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Man Not Guilty in Sexsomnia Assault

(KCEN) — A Texas man claims he was suffering from what’s called “sexsomnia” while sexually assaulting a 5-year-old relative.

And a jury found him not guilty of aggravated sexual assault.

That verdict was handed down to a Nueces County judge Friday afternoon.

James Baker apparently walked into Driscoll Children’s Hospital last September with two children and told a doctor on duty he sexually assaulted the 5-year-old girl. Continue reading “Man Not Guilty in Sexsomnia Assault” »

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Sexomnia: Raping Partners While Sleeping

Posted on March 12, 2007 by Justin V

Article I’d thought I’d share via Details Magazine + Google + ETC.

Your partner fears that you will hold them down again and have your way with them.  You have no memory of these things; the act, let alone being awake.  This what it is like to live with the dilemma of sexsomnia.. Continue reading “Sexomnia: Raping Partners While Sleeping” »

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The Body Wants What the Body Wants: On Pursuing Your Partner Even When Your Mind Has Checked Out

Have you ever heard of sexsomnia?  If not, don’t feel bad.  I hadn’t either, until I started doing it.

I’ll never forget the first time I found out I did this.  I’d been sleeping rather poorly for weeks, uninterrupted but not restfully.  I never felt like I had slept enough, whether it was 4 or 10 hours in the sack, and I took a lot of afternoon naps on my off days.  It had been going on for months, and I was beginning to reach a constant state of exhaustion wherein everything was hazy and nothing felt quite real.

One morning, I left the bedroom to find Ashley in the kitchen, making breakfast, in her skimpy black silk Victoria’s Secret robe.   Continue reading “The Body Wants What the Body Wants: On Pursuing Your Partner Even When Your Mind Has Checked Out” »

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Sexsomnia Case Study

Issue publication date: June, 2012

This month’s newsletter is guest-authored by UPLNC Nurse Consultant Sue Baer, MSN, CFNP, RN, LNC. Learn more about Sue in the “About Us” section.

A recent case study involved a man who had molested a child while he was sleeping soundly. The incident was interrupted by a third party who actually noted the man to be snoring while the incident occurred. He had performed similar acts prior to this incident during which he was observed to be asleep. He had no recollection of the events and was extremely confused when awoken. A combination of precipitating factors and witnessed events led me to believe he has a newly recognized disorder called sexsomnia

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Treating Sexsomnia

Ever wonder how to treat Sexsomnia?  Do you are or someone you know wake up feeling like something does not feel quite right?  Have you ever woken up and realize that you are having sex?  Or what about missing items around your house?  Sexsomnia aka sleepsex is a very perplexing condition that affects roughly 8.6% of people that have sleep disorders.  Pretty scary, huh?  Well then, how do we treat sexsomnia?  

Sexsomniacs Journey receives messages every week from sexsomniacs or people who know someone who has sexsomnia asking about how to treat sexsomnia.  I have spent incalculable hours researching sexsomnia, not only how to treat sexsomnia but how to best increase sexsomnia awareness.  This is one of the largest areas of focus in my life and one that I am extremely passionate about.  Unfortunately, sexsomnia does not have a cure-all silver bullet.  However, by banding together and sharing our experiences with one another we will learn what treatments work best for us and be able to share this information with Doctor’s about how to treat sexsomnia.  (Share Your Story)  Continue reading “Treating Sexsomnia” »

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It Happened to ME: I’m a Sexsomniac!

“There’s something I need to tell you before we go to sleep.”

Everyone panics when I say this, but since the summer of 2008, I’ve had an obligation to lead a detailed conversation with certain people about my sleeping habits. Specifically, I need to tell people I’m about to sleep beside that I have a sleeping disorder.

“Oh, don’t worry, it’s not as bad as it sounds. It’s just that I, uh, kind of sleepwalk. But instead of getting out of bed and walking around I sometimes, um, try to have sex.” Continue reading “It Happened to ME: I’m a Sexsomniac!” »

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True Dating Confession: “I’m a Sexomniac and Have Sex While Sleeping”

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