Two significant cases concerning sexsomnia, a rare neurological disorder, are set to be addressed by the Supreme Court of Denmark (Højesteret). The Danish Appeals Permission Board (Procesbevillingsnævnet) has granted approval for both cases, which involve men who were convicted and acquitted of rape in the Eastern High Court (Østre Landsret).
The first case involves a man who was found guilty on May 14 of performing oral sex on a sleeping victim, who was therefore unable to consent. Despite his conviction, he was declared not criminally responsible due to his sexsomnia, a condition that causes individuals to engage in sexual acts while being unaware of their actions. He is, however, required to undergo outpatient psychiatric treatment indefinitely.
In the second case, a man was acquitted of rape by the Eastern High Court on May 15. Although he had previously been convicted by a lower court, the High Court found him not guilty, determining that due to his disorder, he was unaware of his actions and consequently lacked the intent to commit the sexual offense.
Sexsomnia is a type of sleepwalking that leads to unconscious sexual behavior while asleep. This disorder presents complex legal questions regarding responsibility and awareness, especially in cases involving sexual assault.
Typically, a case can only reach two levels of the court system; however, exceptional circumstances can allow for an appeal to the Supreme Court. The Appeals Permission Board has assessed that the fundamental issues surrounding sexsomnia warrant a ruling from the country’s highest court. This means that the Supreme Court will now consider whether sexsomnia can excuse or mitigate criminal responsibility in such serious allegations.