The Crown Prosecution Service is making sexsomnia a “key part of training” after witnessing a concerning rise in rapists fraudulently claiming to suffer from the rare sleep disorder to evade conviction, a top prosecutor has revealed.
Charlotte Coulton-Smith, head of the rape and serious sexual offences unit at CPS East Midlands, told The Trial podcast by the Daily Mail that the defence is “certainly on the increase” and warned that women and girls need to be aware of the trend. The concern comes as courts have increasingly encountered defendants claiming they committed sexual offences whilst asleep.
We’re seeing more cases where defendants will claim to be suffering from sexsomnia,” Coulton-Smith said. We are going to make sure that we are robustly challenging and dealing with these cases within the CPS. I don’t expect to see it going away anytime soon.”
Failed Defence in Leicester Case
The prosecutor’s warning follows the high-profile case of Dean Final, 32, from Braunstone in Leicester, who was jailed for 11 years and eight months in August after trying and failing to use a sexsomnia defence. Final had admitted physically, sexually, and emotionally abusing two former partners but attempted to claim he committed the rapes whilst asleep.
Coulton-Smith, who helped prosecute Final, revealed how the CPS systematically dismantled his claim. It was clear that there was no proper, expert foundation to say he was suffering with sexsomnia. He had no history of sleepwalking,” she told the podcast.
The prosecution team requested statements from prison authorities confirming Final had shown no signs of sleepwalking whilst in custody. His ex-partner confirmed he had never sleepwalked before. “Effectively, this behaviour started and stopped just for this event. It’s a clear demonstration of why we need to tackle this issue head on,” Coulton-Smith explained.
What is Sexsomnia?
Sexsomnia is a genuine but rare parasomnia – a type of sleep disorder where people engage in sexual behaviours whilst completely asleep, with no memory of their actions. Those with the authentic condition can engage in unconscious sexual behaviours ranging from touching others to masturbation and full intercourse.
The condition was only added to the Diagnostic Statistical Manual of Mental Disorders (DSM-5) in 2013. A 2020 study found only 116 clinical cases had been recorded in medical literature, though experts believe it may be underreported due to embarrassment.
In the last decade, several high-profile cases across Europe have seen men acquitted of rape after successfully proving they suffer from the condition. However, courts are more likely to accept it as a legitimate defence when defendants have documented histories of sleepwalking and display telltale signs during alleged incidents.
Complex Legal Challenge
Sexsomnia cases present a complex challenge for courts as there is no standard diagnostic method to verify the condition. Key indicators that help distinguish genuine sexsomnia from fabricated claims include complete memory loss of events, keeping eyes open throughout sexual activity, and an absence of complex, coordinated movements.
To advance a genuine defence of sexsomnia, or “non-insane automatism”, the defence must prove to a jury that the defendant was able to act without knowing it and that it was an established condition. The defendant only needs to prove there was a “reasonable possibility” their acts were involuntary, whilst the prosecution must prove “beyond a reasonable doubt” that the sexual acts were voluntary.
If it’s not properly challenged, this could be a road map for abusers to carry on their abusing,” Coulton-Smith warned. “We will be looking with laser detail whenever this type of defence is raised.”
Debate Within Medical Community
There remains debate within the medical community about whether the condition actually exists. The CPS has implemented expert evidence guidance stating that sexsomnia and other sleepwalking defences should always be “robustly challenged” in court.
Former victims commissioner Vera Baird KC highlighted in 2011 the “travesty” of at least four cases where defendants were acquitted relying on this defence. The concern has led to increased scrutiny of such claims, with prosecutors now routinely seeking expert witnesses in sleep disorders to counter fraudulent defences.
CPS Response to Rising Trend
In response to the increasing use of the defence, the CPS is implementing comprehensive training for case workers to better identify offenders making fraudulent claims. This includes examining patterns of behaviour, requesting medical histories, and obtaining statements from those close to defendants about any previous sleep disorders.
The prosecution service is also working to ensure that where defendants raise sexsomnia as a defence, comprehensive medical testing and expert opinion are required rather than relying solely on witness observations.
Recent Legal Controversy
The issue gained renewed attention after Jade Blue McCrossen-Nethercott successfully sued the CPS for £35,000 in compensation after they wrongly dropped her rape case based on sexsomnia claims. The CPS admitted in 2021 that their decision to stop the prosecution had been “wrong” after the defendant claimed she must have suffered an episode of sexsomnia during their encounter.
The case highlighted concerns about the Victim’s Right to Review scheme, as decisions to drop cases cannot be reversed even when found to be incorrect. The Centre for Women’s Justice has called for reform to ensure victims have an effective right of review.
International Perspective
The legal treatment of sexsomnia varies internationally. In Australia, courts have debated whether to classify it as “sane” or “insane” automatism, with significant implications for verdicts. If classified as a mental health disorder, defendants found not criminally responsible may face protective measures rather than full acquittal.
A Sydney youth minister was acquitted in September 2024 of 15 counts of inappropriate sexual conduct involving minors after successfully arguing sexsomnia, despite expert testimony that he remained “at risk of engaging in similar sexual behaviours. The case sparked debate about whether protective conditions should be imposed even after acquittal.
Final’s Case Sets Precedent
In Final’s case, prosecutors successfully argued that his conscious actions – including moving between rooms and picking up a sex toy before returning to rape his victim – were inconsistent with someone operating in their sleep. The defence submitted a report claiming automatism but crucially failed to include any medical expert opinion or diagnostic testing.
Following the legal arguments, sexsomnia was excluded from Final’s defence, leaving him with no option but to plead guilty. He was also sentenced for similar offences against another partner in Lancashire, including causing unnecessary suffering to an animal when he turned violent towards his partner’s pet dog.
Detective Constable Caitlin Duggan from Leicestershire Police said: “From very early on in this investigation it was apparent that Final wanted to completely control every aspect of the victim’s life.
As the CPS strengthens its approach to challenging sexsomnia defences, Coulton-Smith’s message is clear: “We will continue to challenge the myth of sexsomnia because in the vast majority of cases, it is simply not justified.
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