Aggravated Child Molestation and Aggravated Sodomy charges placed on Dead Docket where Defense Counsel raises Sexsomnia (“Sleep Sex”) defense and State elects not to proceed to trial (2018).

Defense Counsel:

Charges: Aggravated Child Molestation; Aggravated Sodomy

State’s Case:

Defendant was accused of placing his mouth on his 8-year-old nephew’s penis in the middle of the night. Defendant did not deny the conduct, but said he had no memory of it, because he was asleep when it happened. The State considered Defendant’s statement tantamount to a confession and intended to put him on trial, where he was facing at least 25 years in prison and a lifetime on the Sex Offender Registry.

Judgement:

Defense counsel understood that even if Defendant admitted to the alleged conduct, it was not a crime if it wasn’t committed intentionally and voluntarily; and that you couldn’t form intent or commit a voluntary act while asleep.

Defense counsel gathered evidence that proved Defendant was asleep during the alleged episode, that he had a history of sexual and other behavior during sleep, and that he was not the kind of person who would sexually abuse a child. Defense counsel then consulted experts about the case: a polygraph showed that Defendant was telling the truth when he said he did not intentionally, knowingly touch his nephew; a psychosexual assessment concluded that Defendant was not a pedophile; and sleep experts diagnosed Defendant with “Sexsomnia,” a recognized sleep disorder. All agreed that the incident appeared to be a tragic accident caused by Defendant’s condition, not abuse.

After considering the Defense’s case, the State decided it would be difficult to win at trial and placed the case on Dead Docket indefinitely.