Sexsomnia is rarely used as a legal defence, but it is not unknown in Canada.
A review of the Canadian legal database, CanLII, shows that defence lawyers have raised the issue in at least a dozen criminal cases since 2005. It has led to retrials or to findings of not criminally responsible (NCR) a handful of times.
Most recently, in September, an Oshawa man was found not criminally responsible for sexually assaulting his girlfriend’s roommate due to sexsomnia, a disorder that causes p