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Blaming rape on sleep: A psychoanalytic intervention.

Leon McRae1

  • 1School of Law, Keele University, Staffordshire ST5 5GB, United Kingdom.

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Summary
This summary is machine-generated.

Sexsomnia, or sleep sex, presents legal challenges. This paper argues that individuals aware of their condition and failing to prevent sexual acts should be held responsible, challenging automatism defenses.

Keywords:
AutomatismFreudInsanityRapeRepressionSexsomnia

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Area of Science:

  • Forensic Psychiatry
  • Criminal Law
  • Psychoanalysis

Background:

  • Sexsomnia, or sleep sex, involves sexual acts during sleep, often leading to legal defenses like automatism.
  • Rising press reports highlight acquittals in sexsomnia cases, particularly involving alcohol and alleged unconsciousness.
  • Legal psychiatry struggles to appropriately construe unconscious defendants in criminal cases.

Purpose of the Study:

  • To analyze the legal governance of sexsomnia within criminal law.
  • To propose a psychoanalytic framework for understanding sexsomnia as dispositional.
  • To argue for greater defendant responsibility in sexsomnia cases.

Main Methods:

  • Drawing on Freudian psychoanalytic concepts, specifically eros and the death instinct.
  • Analyzing the legal application of automatism versus insanity defenses in sexsomnia cases.
  • Examining the concept of unconsciousness in relation to criminal responsibility.

Main Results:

  • Sexsomnia is presented as dispositional, stemming from repressed sadistic desires.
  • Current legal defenses like automatism are critiqued for undermining criminal law's scope.
  • The paper asserts that defendants aware of sexsomnia should be held responsible if they fail to mitigate risk.

Conclusions:

  • Individuals with known sexsomnia who do not mitigate risks should be guilty of rape.
  • A reformed insanity defense is insufficient for addressing self-responsibilization in sexsomnia.
  • Criminal law must adapt to hold sexsomniacs accountable for perpetrating unwanted sexual acts.