Sydney Man Acquitted Of Rape During ‘Sexsomnia’ Episode

Sydney Man Acquitted Of Rape During ‘Sexsomnia’ Episode
Image: Steven Markham/AAP

A Sydney business owner has been found not guilty of rape after the court heard he was diagnosed with “sexsomnia”.

Timothy Malcolm Rowland, part-owner of burlesque and cabaret business, The Bamboozle Room, was found not guilty of having non-consensual sex with an unnamed woman in his Darlinghurst apartment on August 26, 2022.

The woman claims the pair spent a night out together, and woke up to find him having sex with her, telling the court he was making “sleeping, grunting noises that seemed like fake noises”.

The jury heard that she felt “completely confused, disgusted, a bit scared [and] just really anxious to leave”, and left the apartment about 6.30am.

Rowland’s lawyers claims he was experiencing an episode of sexsomnia, a form of parasomnia similar to sleepwalking that causes people to exhibit sexual behaviour while asleep.

Rowland told two psychiatrists he’d explained his “sleep sex issue” to the woman and that she had been “warned about his sleep sex tendencies”. His lawyers submitted medical records dating back to childhood, which included a doctor’s referral to a sleep clinic in 2021 indicating that Rowland “has had sex in his sleep”.

Although there was no dispute as to whether Rowland had been diagnosed with sexomnia, the woman’s lawyers argued that he had not genuinely experienced an episode on the night in question, and had been awake during the alleged assault.

Jury warned against making moral judgement

Rowland’s barrister claimed the episode had been triggered by a “perfect storm” of factors, such as alcohol consumption, untreated sleep apnoea, and disrupted sleep.

Sole defence witness, psychiatrist and sleep specialist Dr Tony Fernando, reported that he was “confident that the accused suffers from NREM [non-rapid eye movement] parasomnia including sexsomnia”.

Fernando formally diagnosed Rowland with the condition in November 2024.

After a seven day trial, the 12 person jury determined on Thursday that Rowland was not guilty, during which time judge John Pickering was asked about the consequences of committing crimes while unconscious.

“This is a really dangerous logic,” Pickering told the Downing Centre Court, as reported by The Guardian.

“We’re not about to punish people for acts that they have no lawful control over.

The jury was reminded that they were not there to make a moral judgment or to “try and convict him of a crime that doesn’t even exist in NSW”, such as failing to manage his condition.

“This trial is all about the Crown having to prove beyond reasonable doubt that he was awake at the time, that he was conscious, that he was acting in a voluntary fashion.”

 

You are not alone. If you or someone you know has experienced sexual or family violence and needs support, you can contact:

  • 1800RESPECT: 1800 737 732
  • Lifeline: 13 11 14
  • LGBTQ+ Rainbow Sexual, Domestic & Family Violence Service Help Line: 1800 385 578
  • NSW Mental Health Access Line: 1800 011 511
  • Alan Beyond Blue: 1300 224 636
  • Suicide Call Back Service: 1300 659 467
  • Mensline 1300789978
  • Alcohol and Drug Information Service: 1800 250 015
  • QLife (3pm to midnight): 1800 184 527
  • 13YARN (Aboriginal and Torres Strait Islander line) – 13 92 76

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