Timothy Malcolm Rowland, a 40-year-old man in Sydney, was found not guilty of raping a woman after he was diagnosed with “sexsomnia”. The man was accused of having non-consensual sex with a woman in 2022 when the duo spent a night together in his Sydney apartment. 

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Rowland told the seven-day jury trial that he was experiencing an episode of sexsomnia. It is a medical condition in which a person engages in sexual activity while asleep.

The judgment came hours after the jury sent a questionnaire to Judge John Pickering at Sydney’s Downing Centre court. They asked the judge the consequences of a crime a person commits while he or she is unconscious. 

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“This is a really dangerous logic,” the judge said, The Guardian reported. 

He warned the jury, saying it should not determine a case based on the laws they wished existed. Rather, it should be based on the current laws, adding that someone cannot be found guilty for a crime they committed unconsciously. 

"We’re not about to punish people for acts that they have no lawful control over," the judge said. 

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“‘No laws about that (sexosmania) exist. There are no criminal offences about that that exist. And it’s not for you to create the law," he further added. 

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How the case unfolded

During the trial, the jury was told that Rowland and the woman went to his apartment after a cocktail party around 1 at night. The duo drank some more alcohol and then took a naked bath together, after which the woman fell asleep on his bed. 

Around 6 in the morning, the woman woke up and found Rowland having sex with her. She pushed him off and jumped out of bed before leaving his apartment. 

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The woman did not dispute the argument of sexsomnia. 

How to prove if someone is asleep? 

When the court expressed uncertainty about Rowland having slept during the act, the jury asked the judge what evidence could prove that someone was asleep. It further argued that if enough evidence were available that he was not asleep, then why did the case proceed? 

The judge refused the argument saying it was not his business why the director of public prosecutions decided to pursue the case and neither the jury should be involved in that. 

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(With inputs from agencies)