Man with ‘sexsomnia’ not guilty of raping woman after judge warns jury in Sydney trial
The 40-year-old had a medical condition where people exhibit sexual behaviour during sleep, court heard
Australian Associated Press
Thu 30 Jan 2025 19.32 AEDT
Jurors have acquitted a man diagnosed with “sexsomnia” of rape.
On Thursday, Timothy Malcolm Rowland, 40, was found not guilty of having non-consensual sex with a woman at his Sydney apartment on 26 August 2022, after the pair spent a night out together.
The 40-year-old told the seven-day jury trial he was experiencing an episode of sexsomnia, a medical condition where people exhibit sexual behaviour during sleep.
The not guilty verdict came hours after jurors sent a series of questions to Judge John Pickering at Sydney’s Downing Centre court.
One inquiry of concern to the judge regarded the consequences of committing crimes while a person was unconscious.
“This is a really dangerous logic,” the judge said.
A jury should not be determining a case based on laws it wished were in place but instead on the current laws, he warned.
Doing this would be unfair on any accused, he said.
Someone could not be found guilty of a crime they did unconsciously, Pickering said.
“We’re not about to punish people for acts that they have no lawful control over.”
There were no current laws, rules or regulations about having sexsomnia or doing something while having the medical condition, the judge said.
“‘No laws about that exist. There are no criminal offences about that that exist. And it’s not for you to create the law.”
Rowland and the woman went drinking at a cocktail bar in inner-city Darlinghurst on the night of the alleged rape, returning to his apartment about 1am, the jury heard during the trial.
Once there, they drank some more and took a naked bath together before the woman fell asleep in Rowland’s bed, the parties agreed.
About 6am, the woman allegedly woke to find Rowland having sex with her before she pushed him off, jumped out of the bed and left the apartment.
There was no dispute during the trial that Rowland had sexsomnia.
But the issue before the jury was whether he was having an episode at the time of the alleged rape or whether he was awake.
It was also not in dispute that the woman was asleep when Rowland began having sex with her.
Earlier on Thursday, the jury asked what sort of evidence there could be to prove someone was awake.
And if there was insufficient evidence, why was the case prosecuted and why did it come before a jury, it asked.
Pickering said it was none of his business why the director of public prosecutions had decided to pursue the case in court.
It was also not the jury’s responsibility to wonder about these things.
Instead, he urged them to look at the evidence before them and determine whether the alleged rape had been proved beyond reasonable doubt.
Determining a verdict was a “cold-analytical process” which should not be concerned with how the alleged victim or the community may feel, he said.
Jurors have acquitted a man diagnosed with “sexsomnia” of rape.
On Thursday, Timothy Malcolm Rowland, 40, was found not guilty of having non-consensual sex with a woman at his Sydney apartment on 26 August 2022, after the pair spent a night out together.
The 40-year-old told the seven-day jury trial he was experiencing an episode of sexsomnia, a medical condition where people exhibit sexual behaviour during sleep.
The not guilty verdict came hours after jurors sent a series of questions to Judge John Pickering at Sydney’s Downing Centre court.
One inquiry of concern to the judge regarded the consequences of committing crimes while a person was unconscious.
“This is a really dangerous logic,” the judge said.
A jury should not be determining a case based on laws it wished were in place but instead on the current laws, he warned.
Doing this would be unfair on any accused, he said.
Someone could not be found guilty of a crime they did unconsciously, Pickering said.
“We’re not about to punish people for acts that they have no lawful control over.”
There were no current laws, rules or regulations about having sexsomnia or doing something while having the medical condition, the judge said.
“‘No laws about that exist. There are no criminal offences about that that exist. And it’s not for you to create the law.”
Rowland and the woman went drinking at a cocktail bar in inner-city Darlinghurst on the night of the alleged rape, returning to his apartment about 1am, the jury heard during the trial.
Once there, they drank some more and took a naked bath together before the woman fell asleep in Rowland’s bed, the parties agreed.
About 6am, the woman allegedly woke to find Rowland having sex with her before she pushed him off, jumped out of the bed and left the apartment.
There was no dispute during the trial that Rowland had sexsomnia.
But the issue before the jury was whether he was having an episode at the time of the alleged rape or whether he was awake.
It was also not in dispute that the woman was asleep when Rowland began having sex with her.
Earlier on Thursday, the jury asked what sort of evidence there could be to prove someone was awake.
And if there was insufficient evidence, why was the case prosecuted and why did it come before a jury, it asked.
Pickering said it was none of his business why the director of public prosecutions had decided to pursue the case in court.
It was also not the jury’s responsibility to wonder about these things.
Instead, he urged them to look at the evidence before them and determine whether the alleged rape had been proved beyond reasonable doubt.
Determining a verdict was a “cold-analytical process” which should not be concerned with how the alleged victim or the community may feel, he said.
***
Only in Australia - mind you, some "locals" may be interested in this case 😂😂😂
https://t.me/WeTheMedia/117102
ReplyDeleteA former senior policy advisor to the US government who flew to the UK to have sex with a girl who he believed to be nine-years-old has been jailed for 11-and-a-half years.
International investment banker Rahamim Shy, 47, travelled to Bedfordshire from New York in February 2024 to have sex with the girl following more than a month of planning.
This followed correspondence with an individual describing herself as 'Debbie', the girl's grandmother.
However, unbeknown to Shy, the girl did not exist and 'Debbie' was in fact an undercover officer with Bedfordshire Police.
Daily Mail
https://t.me/WeTheMedia/117087
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ReplyDeleteAustralia is really descending into the depths of Wanker dumps
Some people would live to have that jailbreak excuse available.
ReplyDeleteAustralia is really descending into the depths of Wanker dumps