5/08/09 (Aus):
'Sexsomnia' Case Leads to Law Change on Experts
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A case in which a man was found not guilty of raping a woman because he had suffered a condition known as "sexsomnia" has led to a law change in the Northern Territory of Australia.
The 48-year-old man had been accused of gross indecency and sexual intercourse without consent after he entered the bedroom of a guest at his home in 2007.
The man told a Darwin court in 2008 that he had no recollection of the incident and was innocent of the charges.
An expert witness backed up his version of events, stating he had suffered sexsomnia, or "sex sleep", a condition similar to sleepwalking.
In response to the case, the Northern Territory Government yesterday passed laws which will require defence lawyers to provide sufficient notice of their intention to use expert witnesses.
"During the so-called 'sexsomnia' case, the defence called on an expert witness late in the trial and it can be argued that the prosecution was unable to prove its case as it didn't have enough time to adequately challenge the expert's testimony," the Territory's Attorney General, Delia Lawrie, said.
She said: "Most legal stakeholders are supportive of this legislation because failure to give notice of expert evidence can create procedural difficulties in the trial process and unfairness to the prosecution due to lack of opportunity to properly prepare to meet the defence evidence.
The new laws would make the trial process fairer, reduce trauma to witnesses and reduce court time and costs, she said.
© X-Pro 2009
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