Timothy Malcolm Rowland, a 40-year-old man, has been acquitted of rape by a jury at Sydney’s Downing Centre court. The jury delivered the verdict after a seven-day trial, finding Rowland not guilty of having non-consensual sex with a woman at his apartment on August 26, 2022. The woman had spent the night with Rowland after they went drinking together at a cocktail bar.
Rowland claimed he was experiencing an episode of sexsomnia, a medical condition that causes people to exhibit sexual behavior during sleep. The defense argued that Rowland was unconscious and unaware of his actions during the alleged rape. The prosecution, however, maintained that Rowland was awake and aware of what he was doing.
The jury sent a series of questions to the judge during the trial, including one about the consequences of committing crimes while a person is unconscious. The judge warned the jury that it was not their responsibility to create laws or wonder about why the case was being prosecuted. Instead, he urged them to focus on the evidence and determine whether the alleged rape had been proved beyond reasonable doubt.
The judge also pointed out that there were no current laws or regulations about sexsomnia or having sex while under the influence of the medical condition. He emphasized that the jury should not punish people for acts they have no lawful control over. The acquittal has raised concerns about the justice system’s handling of cases involving unconscious behavior.