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An Australian man has been found not guilty of rape after blaming it on “sexsomnia.”
Timothy Malcolm Rowland, 40, was found not guilty of rape after a seven-day trial after jurors agreed that his condition — which makes people engage in sexual behaviors while sleeping — meant he could not be accountable for action while he was unconscious, The Guardian reported.
“We’re not about to punish people for acts that they have no lawful control over,” Judge John Pickering told Sydney’s Downing Centre court.
The judge told jurors that while there are “no laws about” sexsomnia, “it’s not for you to create the law.”
Rowland and the woman had gone for drinks in August 2022 before going back to his Sydney apartment where they took a bath together.
The woman fell asleep in Rowland’s bed — but woke around 6 a.m. to him having sex with her. She shoved him off her and left the apartment.
The jury determined that there was no way to confirm beyond a reasonable doubt that Rowland committed rape consciously.
