Man cleared of rape because he was asleep

A Swedish man has been acquitted of rape after arguing he suffers from "sexomnia" which caused him to have sex with the woman while he slept.

Mikael Halvarsson did not have the intention of raping the woman because he was "in a state of sleepiness, unconscious of what was happening", a Sundvall court ruled.

The judge said the 26-year-old's story "does not seem absurd" and overturned his two year-prison sentence for the April sex attack on appeal.

The alleged rape occurred when Halvarsson and his alleged victim were sleeping in the same bed but under different blankets.

The woman called the police the next morning, with officers arriving to find Halvarsson still asleep in the woman's bed the next morning.

But the trial heard evidence from an expert doctor specialising in sleep disorders who said he could suffer from sexomnia, a rare condition which can lead to sleepwalkers engaging in sexual behaviour.

Those affected by the condition are completely unaware of their actions, the court heard.

In the appeal, Halvarsson's previous girlfriend testified that he had once tried to have sex with her when she was sleeping.

When she stopped him, he then acted confused and asked what had happened.

Halvarsson's mother also testified to his disturbed sleeping patterns.

Psychiatrists and legal experts are divided about whether sexomnia is a genuine affliction.

Source: ABC News, SBS
Author: Matthew Henry. Approving editor: Simon Black.