“Sleepwalking trial ends in acquittal!”; Now that is not something we often hear;There are few known cases where parasomnia is used as a criminal defense. I am going to give you the background and a bit of information on sleep disorders and why they should not be used in criminal cases as a defense and why certain disorders are so dangerous. Parasomnia and paraphilic disorders are relatively new studies in Washington state and around the country. Parasomnia is a classification of sleep disorders including but not limited to arousal disorder and other sleep disorders such as sleep deprivation and sleep walking. I will be covering most of these disorders, there cause and effect and will tap into a relatively new study of Criminal cases and defense
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Some examples of sleep disorders are sleep eating , sleepwalking, nightmares, sleep paralysis, REM sleep behavior disorder, and sleep aggression. Sexsomnia sometimes called “sleep sex,” is also a parasomnia. (Schenck 2016) “It refers to sexual acts that are carried out by a person who is sleeping. Parasomnias can have negative effects on people during the daytime, including sleepiness. Parasomnias often run in families and so there is probably a genetic factor in many cases. Brain disorders may be responsible for some parasomnias, such as many cases of REM sleep behavior disorder. Parasomnias may also be triggered by other sleep disorders such as obstructive sleep apnea, and by various medications.” (Schenck, 2016) Trying to awaken a “parasomniac in action”, especially by shaking or shouting, it can sometimes trigger an irritable, aggressive, or violent responses. It is important to keep to know that no matter how bizarre or violent the behavior, a parasomnia is rarely linked with some psychiatric disorders.” (Scheneck) Carlos H. Schenck breaks down parasomnia well and in laymen’s terms. In researching this paper, I have found that there are at least ten controversial and documented cases where parasomnia was used as a criminal defense, giving the accused a license to commit rape, homicide, …show more content…
This condition falls within the broad class of sleep disorders known as parasomnias. In extreme cases, sexsomnia has been alleged, and accepted, as at least a part of the cause of sexual assault, including rape.” (Guilleminault,2002) The first research paper that suggested that sexual behavior during sleep may be a new type of parasomnia was published in 1996 by three researchers from the University of Toronto (Colin Shapiro and Nik Trajanovic) and the University of Ottawa (Paul Fedoroff). “The term “sleep sex” was used in a 1998 case report by David Saul Rosenfeld, a neurologist and sleep specialist from Los Angeles. The term ‘sexsomnia’ was coined by Colin Shapiro in a case report published in June 2003.Sexsomnia can co-occur alongside other sleep disorders such as sleepwalking, sleep apnea, night terrors and bedwetting and can be triggered by stress, previous sleep deprivation and excessive use of alcohol or drugs. Sexsomnia, which is a new medically recognized behavior, has been used in criminal defense cases of rape. I stated previously that many people do not know of this disorder as many people are too ashamed or embarrassed a many do not even know that they have a problem. Sexsomnia was validated as a sleep disorder in 2005 when the International
Some examples of sleep disorders are sleep eating , sleepwalking, nightmares, sleep paralysis, REM sleep behavior disorder, and sleep aggression. Sexsomnia sometimes called “sleep sex,” is also a parasomnia. (Schenck 2016) “It refers to sexual acts that are carried out by a person who is sleeping. Parasomnias can have negative effects on people during the daytime, including sleepiness. Parasomnias often run in families and so there is probably a genetic factor in many cases. Brain disorders may be responsible for some parasomnias, such as many cases of REM sleep behavior disorder. Parasomnias may also be triggered by other sleep disorders such as obstructive sleep apnea, and by various medications.” (Schenck, 2016) Trying to awaken a “parasomniac in action”, especially by shaking or shouting, it can sometimes trigger an irritable, aggressive, or violent responses. It is important to keep to know that no matter how bizarre or violent the behavior, a parasomnia is rarely linked with some psychiatric disorders.” (Scheneck) Carlos H. Schenck breaks down parasomnia well and in laymen’s terms. In researching this paper, I have found that there are at least ten controversial and documented cases where parasomnia was used as a criminal defense, giving the accused a license to commit rape, homicide, …show more content…
This condition falls within the broad class of sleep disorders known as parasomnias. In extreme cases, sexsomnia has been alleged, and accepted, as at least a part of the cause of sexual assault, including rape.” (Guilleminault,2002) The first research paper that suggested that sexual behavior during sleep may be a new type of parasomnia was published in 1996 by three researchers from the University of Toronto (Colin Shapiro and Nik Trajanovic) and the University of Ottawa (Paul Fedoroff). “The term “sleep sex” was used in a 1998 case report by David Saul Rosenfeld, a neurologist and sleep specialist from Los Angeles. The term ‘sexsomnia’ was coined by Colin Shapiro in a case report published in June 2003.Sexsomnia can co-occur alongside other sleep disorders such as sleepwalking, sleep apnea, night terrors and bedwetting and can be triggered by stress, previous sleep deprivation and excessive use of alcohol or drugs. Sexsomnia, which is a new medically recognized behavior, has been used in criminal defense cases of rape. I stated previously that many people do not know of this disorder as many people are too ashamed or embarrassed a many do not even know that they have a problem. Sexsomnia was validated as a sleep disorder in 2005 when the International