Sexsomnia defense raises concerns for rape cases in Sweden

Sexsomnia, a condition where individuals engage in sexual acts while asleep, is increasingly being used as a defense by rape suspects in Sweden, despite the rarity of documented cases globally. Since the 1980s, only about 200 cases have been identified worldwide, according to experts. Over the past 15 years, 74 individuals accused of rape have invoked sexsomnia as a defense, with approximately one-third being acquitted.

Legal experts have raised concerns about the number of these cases in Sweden, especially given the limited global documentation. Some argue that this surge raises questions about whether Swedish accused rapists are experiencing a phenomenon akin to an epidemic of sexsomnia. The implications of sexsomnia as a defense and subsequent acquittals have significant ramifications for both victims and accused individuals.

While the occurrence of rape may be proven, victims may be denied compensation due to the acquittals based on sexsomnia claims. Those acquitted may not receive treatment aimed at reducing the risk of reoffending. The burden of proof lies with the prosecution, and disproving a claim of sexsomnia can be challenging. Nevertheless, it is considered possible. A key factor can be when in the legal process the defendant begins to assert the sexsomnia defense.

Legal professionals emphasize the importance of scrutinizing claims of sexsomnia more rigorously to ensure that those who falsely claim it do not evade justice.