Canadian man found "not criminally responsible" of rape because he was sleepwalking

[davidn3600]

(Warning...story includes a description of sexual abuse...)

An Ottawa man on trial for sexually assaulting his seven-year-old daughter was found not criminally responsible on Tuesday after a judge ruled he was in a state of automatism while sleepwalking.

Diagnosed with “sexsomnia,” or sleep sex, the man was accused of crawling into bed with his young daughter in December, 2010, after his wife kicked him out of bed after a night of drinking. He then allegedly removed his daughter’s underwear and held her down as he touched her. He allegedly pushed the Grade 3 student off the bed when she tried to fight him off.

Dr. Colin Shapiro, a sleep expert, testified at trial that the man was likely asleep when the assault took place, suffering from parasomnia, a type of sleep disorder that can include sleep eating, sleep walking and sleep sex, that he said can be triggered by alcohol consumption.

The Crown had argued that the man — whose name was not released to protect the child’s identity — assaulted his daughter because he was drunk, not because he was asleep. The judge found that the accused was not drunk at the time of the 2010 alleged attack.

http://news.nationalpost.com/2015/02/17/ottawa-sexsomniac-not-criminally-responsible-for-sex-assault-on-daughter-because-he-was-sleepwalking/

This was the 2nd trial. The first trial ended in a mistrial.

I've never heard of "sexsomnia." But apparently it exists. This is from the National Sleep Foundation...

What are parasomnias?

The term “parasomnia” refers to all the abnormal things that can happen to people while they sleep, apart from sleep apnea . Some examples are sleep-related eating disorder, sleepwalking, nightmares, sleep paralysis, REM sleep behavior disorder, and sleep aggression. Sexsomnia, sometimes called “sleepsex,” is also a parasomnia. It refers to sexual acts that are carried out by a person who is sleeping. Parasomnias can have negative effects on people during the daytime, including sleepiness.

http://sleepfoundation.org/ask-the-expert/sleep-and-parasomnias

[pennylane100]

2. Let us hope that his victim is not also a sleepwalker

as he might also have a terrible experience if she happens to come across him one night.

[Orrex]

4. I imagine that a 7-year-old would have a tough time pulling that off

And if this assault was indeed caused by a medical condition, I'm not comfortable with retaliatory vengeance fantasies.

I would hope instead that the girl receives all necessary support and counseling and that the man is prevented from harming her or anyone else in the future.

[pennylane100]

6. I think the operative word is "IF"

the assault was caused by a medical condition. If it were my seven year old, I would at least fantasize about developing a similar condition. I am sorry but I have a hard time believing this. If, however, I am wrong, then I apologize.

[Orrex]

7. Believe me, I'm skeptical as well.

There have, however, been even more extreme cases documented. Granted, these involved Ambien, but they set the precedent for violent behavior, even wildly out-of-character, while asleep.

And I share your feeling that, as the victim, I would harbor thoughts of revenge.

[Telcontar]

3. Ok, I'll buy that he is not criminally responsible

But that means he has a psychological problem that makes him a danger to society and therefore must be locked up for his and our safety.

[msanthrope]

5. I have a diagnosed parasomnia....it's hell. nt