SLEEPWALKING DEFENCE 'NO LAWFUL CONTROL'

WHO INVESTIGATES AFTER A SPATE OF CASES SEE ACCUSED RAPISTS AND KILLERS WALK FREE

- Kylie Walters

On January 30, Timothy Malcolm Rowland walked out of Sydney's Downing Centre Court free after being found not guilty of rape. Just days later, on February 4, Ilknur Caliskan discovered she would no longer face a murder trial after charges of stabbing her husband to death were dropped by Victorian prosecutors.

What's striking is that in each case, neither accused denied committing the acts. Instead, they argued they shouldn't be held criminally responsible due to being asleep at the time.

Despite the two cases reaching their conclusion around the same time, Dr Christopher Rudge, a lecturer at the University of Sydney Law School whose area of research is focused on mental health law and criminal responsibility, tells WHO that the use of the sleepwalking defence in Australia is "on the increase but still relatively rare".

"We've gone from one every year or so to up to a handful a year," Rudge says. "However, because of the low likelihood of conviction, some of these cases appear to be dropped before making it to court, so it's difficult to give an accurate figure on how often it is used as a defence against violent crime, which is of concern." Rowland had been out drinking with a woman in August 2022, before the pair returned to his apartment, took a bath and fell asleep. The jury heard that she woke at 6am to find him having sex with her. The 40-year-old told the court he was experiencing an episode of sexsomnia - a rare medical condition where people exhibit sexual behaviour during sleep.