Christopher Rudge

The apparent rise of the sexsomnia defence in Australia: Principled criminal justice or catalyst for reform?

Recently, the defence of sexsomnia — a subcategory of the so-called ‘sane automatism’ defence — has been a source of disquiet and concern in the UK and now Australia. The defence rests on the ancient criminal law doctrine that only voluntary acts will give rise to criminal liability and involuntary acts are excused. But what reform, if any, could appropriately address the concerns of victim survivors and other advocates?