• Sweden edition
 

Sleeping man rapes sleeping woman

Published: 23 Mar 2012 09:55 GMT+01:00
Updated: 23 Mar 2012 09:55 GMT+01:00

A 27-year-old man from northern Sweden charged with raping a sleeping woman has defended himself by claiming he too was asleep at the time.

The incident took place in June last summer in the village of Vilhelmina after the woman had passed out in a cabin following a night of heavy drinking.

The 27-year-old then began having sexual intercourse with the sleeping woman, according to the indictment, which was filed on Thursday in the Lycksele District Court.

As the woman was judged to be in a helpless state at the time of the incident, prosecutors have charged the man with rape.

But the man told investigators he was innocent as he too was asleep at the time of the alleged rape.

"I was awakened by her pushing me away and asking, 'Are you awake?'," the man said under questioning, according to the Aftonbladet newspaper.

The 27-year-old explained that he suffers from somnambulism and sexsomnia, an affliction whereby sufferers perform sexual acts while still asleep.

According to the man, the incident wasn't the first time he had woken up to find he'd had sex without knowing it.

He said that it happened on occasion that his former girlfriend would tell him when he woke up in the morning that he had had intercourse with her in his sleep.

While sexsomnia is rare, it is an accepted medical condition.

"This is very well-accepted as a diagnosis within the field of sleep medicine," neurologist Cramer Bornemann of the Minnesota Regional Sleep Disorders Center in Minneapolis told medical advice website WebbMD.

"It's different than having a sexual dream. It's full-fledged sexual behavior while asleep."

According to Aftonbladet, an expert on sleep disorders is scheduled to testify at the 27-year-old's trial.

In 2007, the sex-while-sleeping defence led to the acquittal of a 38-year-old man accused of molesting an 8-year-old girl.

And in 2011, a man was acquitted on appeal after initially being convicted of raping a sleeping woman while in his sleep.

TT/The Local/dl

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Your comments about this article

11:01 March 23, 2012 by Opinionfool
From http://www.thelocal.se/36882/20111021/

"Two young men who bared and took pictures of the breasts of a passed-out 18-year-old woman are not guilty of sexual molestation because the girl wasn't aware that she was being molested at the time, a Swedish court has ruled."

The woman here wasn't aware she was having sex so surely the same court should acquit this man as there was no way for her to say "no". Either that or Swedish law needs to be revised so one or the other of these situations becomes a crime.
11:09 March 23, 2012 by thinkright24
has he ever had sex with a male during sleep?
12:02 March 23, 2012 by mamegoma
So if two people are unaware of the sleep sex then it doesn't exist, right?
12:06 March 23, 2012 by StockholmSam
What was the woman doing in a cabin with a man and drinking heavily if she did not think sex would be on the menu? She put herself in a very bad situation and made very poor decisions. Drinking till you pass out in a cabin with drunk men around? How stupid can you be? It does not excuse the rapist and I do think he should be punished to the fullest extent. But my sympathy for her is diminished at best.
12:17 March 23, 2012 by spo10
Bull crap!
12:19 March 23, 2012 by Summer Dreams
summer dreams alright!
12:25 March 23, 2012 by engagebrain
if he knew that he suffered from sexsomia he should have taken extra care - failing to take care might well make him guilty of rape.
12:30 March 23, 2012 by kirub
Murder would be harder.
13:06 March 23, 2012 by Reason abd Realism
The guy is a Wikipedia supporter, merely using this as a test case to see if this explanation will also work in court for Assange.
13:27 March 23, 2012 by Opinionfool
@Reason abd Realism

Not much reason or realism from you there. Assange is *not* involved with Wikipedia; nor does WikiLeaks provide an online encyclopedia. Assange and Wales are very clear that the only connection between the two organisations is the first four letters of the name.
13:47 March 23, 2012 by Reason abd Realism
@ Opinionfool

You are absolutely correct that Assange is not related to Wikipedia in any way. The problem is that if you write an email with the word WikiL--ks in it, you are instantly targetted for a US drone strike. Good luck.
14:09 March 23, 2012 by muscle
hahahahahah

oh god, the type of news we get in sweden :)
14:19 March 23, 2012 by SimonDMontfort
...bizarre...!
14:20 March 23, 2012 by foxpur
My collage roommate years ago waned me he suffered from sexsomnia.

He actively wore a velcro band around 1 foot and arm hooked to the bed that would keep him from moving, and woke him just enough to stop. He said it wasn't a perfect solution but it helped.
14:56 March 23, 2012 by Just a thought 79
This does happen. My wife and I have been married for 6 years and several times I have just started having sex with her while sound asleep. She has to smack me a few times to wake me up, otherwise I'll just roll over and go back to sleep. It does happen, though I wonder if this guy has gone to treatment for it.
16:13 March 23, 2012 by OUIJA
After the stupidities committed with my legs by the "doctors" from the Karolinska Hospital, sexsomnia would be a blessing for me.
17:48 March 23, 2012 by Svensksmith
he's a sleepf*cker!
17:59 March 23, 2012 by irridium
@just a thought 79

I'm the same, I would never call it a problem though! Never raped anyone, usually there is a good reason a woman is sleeping next to me in the first place! I suppose if I attacked an innocent pillow or stuffed animal treatment would be in order....
18:39 March 23, 2012 by dizzymoe33
Gee I wonder where I have heard that one before from a guy saying I was asleep I didn't know what I was doing!!! Yeah right!!
18:48 March 23, 2012 by Opinionfool
@Reason abd Realism #11

Just shows how good those US drones are then because I've written many (possibly 100s) emails with WikiLeaks in the content and in the title and so far no strikes on my home or person.

As to the defence of Assange having sex in his sleep maybe; though from what (little of) the comments he has made I think he does not deny that unprotected sex occured. What he contests is that is was unconsensual as the prosecutors are claiming. That would be different to the case here and indeed the one I cited earlier of the two boys who didn't molest a girl because she was sleeping when they undressed her. These cases involved people who were unable to consent.
19:22 March 23, 2012 by philster61
How would she remember if she was asleep? Maybe she dreamed it.......
23:29 March 23, 2012 by utezduyar
I wonder if there is a medical condition called "insexsomnia".
00:44 March 24, 2012 by stablemate
sleeping man and sleeping woman sounds pretty normal to me....great headline.....the wher having sex....in same bed....hmmm
01:36 March 24, 2012 by locolocal
Hell Yeah, Now i be sleeping 24/7 while im at the gym,club, street, malls...How cool is that, i rape everybody and its OK and accepted , cuz guess what i have a medical condition..yeaaayyyyyyyy lol
03:35 March 24, 2012 by Twiceshy
For doubters, this really is a real condition, I've experienced it for several years now, and it's the reason why I will never sleep next to anyone who isn't my wife.
06:13 March 25, 2012 by volvoman9
I had two wet dreams last night... I would have had three but I fell asleep.
02:51 March 26, 2012 by rosanna10
Sorry, but he cannot play that sexsomia card. He said he already knew he had it prior to this incident so it is his responsibility to be careful to avoid this type of trouble. Plus, she was intoxicated and asleep and did not consent to sex.
20:02 March 28, 2012 by waris
Its very starnge story, having sex in sleep, people walk in sleep and talk in sleep and now can have sex in sleep, is there any one who works in sleep?
19:15 March 29, 2012 by cabralb
Waris, Lol
13:32 April 10, 2012 by GBGcommuter
I have to say that in one time after being awoke by my girlfriend kissing me, and after several minutes of heavy making out, she suddenly pushed me away and asked what the hell was I doing? Apparently that was the moment she woke up from a deep sleep. It kinda freaked me out that we were o close to having sex and she swore she was completely unconscious. Freaky!
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