Rise in sex offenders using 'sleepwalker defence' to deflect rape charges, CPS prosecutor warns
Speaking to The Trial, Charlotte Coulton-Smith said the CPS is making sexsomnia a 'key part of training' so case workers can better identify offenders who fraudulently claim to have the condition.
The concern comes as courts have increasingly encountered the sleep disorder defence.
Sexsomnia is a rare condition that causes people to engage in sexual activity while completely asleep, with sufferers having no memory of their actions.
Those with the genuine condition can engage in a range of unconscious sexual behaviours including touching others, masturbation and full intercourse.
In the last decade, several high-profile cases across Europe have seen men acquitted of rape after successfully proving to courts they suffer from the condition.
But not all attempts succeed. Dean Final, 32, who was jailed for 11 years for rape in August, recently tried and failed to use a sexsomnia defence.
'It's certainly on the increase', Coulton-Smith told Trial host Caroline Cheetham.
'We're seeing more cases where defendants will claim to be suffering from sexsomnia.
'We are going to make sure that we are robustly challenging and dealing with these cases within the CPS.
'I don't expect to see it going away anytime soon. Women and girls need to be aware of it.'
Sexsomnia cases present a complex challenge for courts, as there is no standard diagnostic method to verify the condition.
Courts are more likely to accept it as a legitimate defence when defendants have a documented history of sleepwalking or display telltale signs during the alleged incident - such as keeping their eyes open throughout the sexual activity.
Other key indicators that help distinguish genuine sexsomnia from fabricated claims include complete memory loss of the events and an absence of complex, coordinated movements during the activity.
However, there is still debate within the medical community whether the condition actually exists.
Coulton-Smith, who helped prosecute Final, described how the CPS worked to easily disprove his sexsomnia claim.
'Final served a claim that he was suffering from sexsomnia. We really wanted to make sure that never got in front of a jury.
'It was clear that there was no proper, expert foundation to say he was suffering with sexsomnia.
'He had no history of sleepwalking. In fact, we asked for a statement from the prison to say, has he been sleepwalking – they told us no.
'We asked his ex-partner: has he ever sleepwalked before? She told he hasn't.
'Effectively, this behaviour started and stopped just for this event. It's a clear demonstration of why we need to tackle this issue head on.
'If it's not properly challenged, this could be a road map for abusers to carry on their abusing.
'We will be looking with laser detail whenever this type of defence is raised.'
To listen to full interview about the Dean Final case and the 'sexsomnia' defence, subscribe to The Crime Desk now.
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