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Men acquitted of assault – because they were asleep

Two men who were brought to trial for serious sexual assaults are now acquitted by Denmark's Supreme Court. According to the verdict, they were not aware of what they were doing because they suffer from sexsomnia.

» Published: February 19 2025

Men acquitted of assault – because they were asleep
Photo: Claus Bech/Ritzau Scanpix/TT

It is about two separate cases where the men were prosecuted for different types of rape. The court relies on medical certificates stating that the suspects were not conscious and therefore did not have any criminal intent.

Sexsomnia is part of a group of disorders that in more common variants manifest themselves, for example, as sleepwalking.

Danish chief physician Poul Jørgen Jennum has described it as a "zombie state", where the perpetrator can unconsciously commit sexual acts.

However, the diagnosis is also disputed. There are cases in Sweden and other countries where the suspects have claimed sexsomnia, and the number of such cases has increased precisely in connection with legal proceedings where the defendants have been acquitted with the help of the diagnosis.

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By TTThis article has been altered and translated by Sweden Herald

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