International Law

Sexsomnia on trial

Is sexsomnia a mental illness? That is what is being argued before the Ontario Court of Appeal in an appeal of the decision in the Luedecke case, where a man was acquitted on a defense of non-insane automatism after having sex with a woman apparently while he was asleep. Specifically the Crown wants sexsomnia designated as a mental illness so that courts will be able to impose conditions on offenders.

I incline to the opinion that most cases of so-called non-insane automatism should require some mandatory supervision. This sort of zoning out may avoid criminal liability, but it still constitutes a dangerous condition.

Full post as published by Criminal Review on February 07, 2008 (boomark / email).