[Sexual assault during sleep: victim asleep/offender asleep--an update].

Abstract

The topic of sexual assault during sleep is discussed again on the basis of two case reports and several incidents published in the media. The authors support the assumption of Hohner and Püsche1 (2011). There is evidence that it is indeed possible not to wake up during a sexual assault--even without being under the influence of alcohol, illicit drugs or medication--and that a sexual assault during sleep can pass unnoticed. In such cases the outcome of the criminal trial often depends on the careful assessment of the expert, as the faculty of imagination of those passing judgment varies greatly. Based on new findings regarding sexsomnia, even sexual offenders may use the "sleepwalking defense" in specific cases.