CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, February 5, 2016

Chapman & MacLean on Sexsomnia

Frances E. Chapman and Jason MacLean (Lakehead University - Faculty of Law and Lakehead University - Bora Laskin Faculty of Law) have posted Parasomnia, Sexsomnia, and Automatism in R. v. Hartman ((2015) 21 Criminal Reports 299) on SSRN. Here is the abstract:

This article explores how the courts have decided to deal with sexsomnia - a subset of parasomnias - in the broader legal context of automatism. This is an important issue, not only in its own right, but also because of what it says about our criminal justice system's commitment to fundamental justice. Ultimately, we argue that involuntariness grounded in parasomnias should result in an acquittal.

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I had a criminal client who suffered from parasomnia. Everytime he saw a photo of the Eiffel Tower he fell asleep and once he did so while driving a car. He had not a drop to drink but I had a hell of a time explaining parasomnia to a judge in Saint Louis, Mo. Until I brought out the photo of the Eiffel Tower in court while my guy was sitting there at counsel table. He conked out.

Posted by: Liberty1st | Feb 7, 2016 5:09:28 PM

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