SLEEPWALKING DISORDER AND MENS-REA - A REVIEW AND CASE-REPORT

This paper examines complications of sleepwalking disorder (DSM-IV 307 .46), an arousal disorder or parasomnia, in relationship to mens rea, or culpable mental state necessary to a finding of criminal responsibi lity. The legal history of criminal intent and insanity is reviewed. A case of indecent exposure is discussed in a man with a history of clo sed head injuries and sleepwalking disorder who was found standing nak ed in the middle of a busy urban thoroughfare in the wee hours of the morning and arrested. On psychiatric evaluation, the defendant was fou nd to have a long-standing sleepwalking disorder. At trial, scientific literature and psychiatric expert testimony concerning sleepwalking d isorder was presented. The psychiatrist opined that the defendant was probably sleepwalking at the time of the alleged offense. No rebuttal testimony was offered by the prosecution. The jury found the man not g uilty. The author surveys the legal history of sleepwalking disorder a nd compares this example with others in which uncontrolled behavior du ring sleep has resulted in harm to the patient or to others. Clinical and forensic implications of the disorder are reviewed. The parasomnia s' impact on forensic practice should be systematically studied. Inter vention strategies should be refined and implemented.