A 38-year-old man repeatedly tries to force his wife to have sex in the middle of the night but has no memory of his actions when he wakes up.
A married woman in her mid-20s often tears off her clothing and masturbates but remembers nothing when her partner rouses her.
For a dozen years, a 31-year-old man masturbates while asleep, at times injuring his groin. Embarrassed due to his unconscious behavior, he avoids relationships for eight years.
These are all clinically documented cases of sleep sex, or sexsomnia, part of a family of sleep disorders called parasomnias that include sleepwalking, sleep talking, sleep eating and sleep terrors.
Sounds like a legal defence
Not sure why you are getting down voted.
But I doubt it would work. I think the vast majority of juries would not even believe such a thing exists let alone believe someone had it. Judges sadly probably wouldn’t listen either.
I sat on a murder trial as a jury member. What I saw scared me. People openly admitting they would rather put an innocent person behind bars rather then maybe setting a guilty man free. People just voting how others were voting just so they could get out of there (not really looking at the evidence).
I’ve seen cases where judges were reading the exact letter of the law and obviously not reading the intent of said law, because of that people got much harsher sentences then was warranted. Sometimes people get found guilty when they shouldn’t have been.
Sorry I doubt it would work as a defense, except in some rare cases.
Because the implication is that it’s not an actual disorder, just an excuse for rape.