Experts worried about rapes in his sleep – may be treated rättsosäkert – Sveriges Radio

in The last few years, several men cleared of rape after having asserted that they slept.

“There is a clear trend that we will receive this plea in our courts, and it is therefore very unfortunate when you see that the output is so varied and it is so unpredictable how one kind of objection will be perceived,” says Madeleine Lejionhufvud, professor emerita of criminal justice.

the Echo has examined 18 in cases where men accused of rape, claim that the assault must have happened in his sleep, and that they therefore should be freed because there was no intent for the crime. The sleep can not be held legally responsible for their actions.

At ten times frias also the man, and in five of the cases given the benefit of the man solely on the basis that the right believes that he may have slept.

But as the Echo been able to tell us criticised the judgments of independent experts. Sömnforskare Carlos Schenck mean, for example, that in three of the cases, there is more to suggest that the man was drunk, than that he actually slept during the assault.

In the two cases, justifying the court on his conviction that there is quote “absolutely unlikely” that the man was asleep. A very unfortunate phrase, like Madeleine Lejionhufvud.

– When they express themselves in this way, can you believe that they believe that there is a total counter-evidence which in practice is impossible, ” she says.

Just like in any other cases, it is not to be one-hundred percent sure on how the crime was committed, but that it should be put beyond reasonable doubt, says Madeleine Leijonhufvud.

Also, mr. Bear Skånsberg have reacted to how “reasonable doubt” is considered when it comes to väldtäktsfall then the man might have slept, a so-called sexsomni.

He was a judge when district court sentenced a 50 years old man for child rape, after a 13-year-old girl become pregnant. But the man was acquitted since the court of appeal because the court of appeal considered that the intercourse may have occurred in sleep.

” I was surprised, we in the district court felt so confident, and we really liked that there was the slightest doubt about the man’s guilt.

the Echo has sought hovrättsdomarna in the case but no one has returned.

It is possible to have sex in their sleep, shows the research made in the area. But it only applies to a few people with specific sleep disorders. Of them it is usually a recurring behaviour. But none of those cleared of rape in Sweden because of sexsomni had any sexsomnidiagnos.

Uncertainty makes there are risks both to persons convicted innocent, and freed incorrectly, say several experts.

It is clear that there is a need for a precedent from the Supreme court, like the Madeleine Lejionhufvud, professor emerita of criminal justice:

” Yes, it would definitely. But the question is whether it is possible to obtain a precedent so long as the knowledge exists.

Emelie Rosén, Echo
emelie.rosen@sverigesradio.se