Sleepwalking as a Defense to Child Molestation Charges?

The Tennessee Supreme Court has ruled that a defendant in a child molestation case can use expert testimony to support sleepwalking as a defense. From a local news account:

The Tennessee Supreme Court has ruled that a Nashville firefighter is entitled to present medical testimony that a sleepwalking disorder caused him to commit child sex abuse.

Adrian Leroy Scott II is facing trial on charges of raping a female relative in 2006, but claims he was asleep during the assaults and unaware of what he was doing.

The state filed a pretrial motion in Davidson County Criminal Court that excluded sleep expert Dr. J. Brevard Haynes' testimony saying it was "was not sufficiently trustworthy."

Haynes had diagnosed Scott with sleep parasomnia involving sexual behavior.

The Tennessee Supreme Court ruling Friday makes Hayes' testimony admissible in court. The case has been referred the case back to the Davidson County Criminal Court.

You can read the actual opinion here. I'll probably show the fact pattern to my Criminal Law class next week as we are covering the voluntary act requirement. I always discuss sleepwalking as an example, but students sometimes doubt it ever really comes up. I never imagined it would be a defense in a child molestation case.

Comments

[Phil Cave]

Perhaps the following may be of interest?

United States v. Harvey, 66 M.J. 585 (A.F. Ct. Crim. App. 2008).
United States v. Brady, 2006 CCA LEXIS 177, No. 35937, unpublished op. (A.F. Ct. Crim. App. July 20, 2006).
United States v. Blaney, 50 M.J. 533 (A.F. Ct. Crim. App. 1999).
United States v. Foster, 1993 CMR LEXIS 122, No. 29283, unpublished op. (A.F.C.M.R. 1993)
[note military courts changed titles in 1994]

Don't ask me why these are all Air Force cases, and that there don't seem to be similar ones in the other Services. It could be my poor research skills, or something in the water.

[Phil Cave]

Sorry, here is a more complete history.

United States v. Harvey, 66 M.J. 585 (A.F. Ct. Crim. App. 2008), pet. denied 66 M.J. 491 (C.A.A.F. 2008).

United States v. Foster, 1993 CMR LEXIS 122, No. 29283, unpublished op. (A.F.C.M.R. 1993), pet. denied 39 M.J. 369 (C.M.A. 1994).

United States v. Blaney, 50 M.J. 533 (A.F. Ct. Crim. App. 1999). Odd, very odd. LEXIS indicates a petition to C.A.A.F. was granted. However, the Daily Journal for 17 August 1999 shows that the petition was denied.

United States v. Brady, 2006 CCA LEXIS 177, No. 35937, unpublished op. (A.F. Ct. Crim. App. July 20, 2006), pet. denied 66 M.J. 491 (C.A.A.F. 2008). There was a remand and second review in between which accounts for the gap in the dates.

[Corey Rayburn Yung]

Thanks, Phil. I'll take a look at those.

[George]

Sounds impossible, but a recent stuy found "REM sleep behavior disorder found to be precursor of brain-degenerating diseases later in life"

"REM sleep behavior disorder is a sleep disorder in which patients act out their dreams, which are often unpleasant and violent. This acting out results from a loss of normal muscle paralysis in REM ( rapid eye movement ) sleep, the dream stage, which ordinarily prevents enacting one's dreams.

http://www.xagena.it/news/medicinenews_net_news/8cc9db4e58f997f9ac4cd4dce9b06d3b.html

I doubt any court, or the public, would accept this. Too much like the "Twinkie defense" which itself was a media blitzkrieg the GOP got away with.

[Phil Cave]

By the time such a "diagnosis" were to be made, that person would be so far along that the other physical indicators might be present and noticeable to others, and surely the person would have gone to get help even from a GMO?

[marj aka thriver]

I don't even have words! No, I would never have imagined this would be used for defense in a child molestation case either! Thanks for raising awareness through the Blog Carnival Against Sexual Violence. I maintain THE BLOG CARNIVAL AGAINST CHILD ABUSE. Would you consider submitting this post for that carnival as well? We have a deadline coming up Wednesday (2/4) for a Friday carnival edition. Thanks for considering.

[lawdoc]

A night or two in a sleep lab would help to clear the picture. It is hard to fake REM sleep if you are being monitored.