The exact reasons for the DPP’s decision to drop the rape charge is unclear but it’s a safe assumption the sexsomnia defence used in the first two trials was a factor. In legal terms, sexsomnia is an “automatism” defence; a defence where the accused admits to an act but says it was carried out without intent and without control of their actions. The term sexsomnia was coined in 2003, although the more general defence of sleepwalking has been in use for far longer, most often in murder and manslaughter cases. It would take quite a lot of planning to fake it.”The defence of sexsomnia in this week’s case was built on strong foundations. The defence of sexsomnia will make many people uncomfortable; particularly the idea that a woman can be raped but the man who did it is not a rapist.
Source: The Irish Times January 13, 2018 00:56 UTC