Timothy Malcolm Rowland, 40, was found not guilty of having non-consensual sex with a woman at his Sydney apartment on August 26, 2022. The verdict, delivered at Sydney's Downing Centre court, came after a seven-day trial where the jury had to consider Rowland's claim of experiencing sexsomnia—a condition where individuals engage in sexual activities while asleep.
Rowland and the woman spent the evening of the alleged incident at a cocktail bar in Darlinghurst, an inner-city suburb of Sydney. They returned to Rowland's apartment around 1 a.m., where they took a naked bath together. The woman then fell asleep in Rowland's bed. She alleged that she was awoken by Rowland initiating sexual contact, to which she responded by pushing him off and subsequently leaving the apartment.
The trial featured significant discussion on the nature of sexsomnia as a defense. The jury posed several questions to Judge John Pickering, seeking clarity on how such a condition could impact criminal liability. The judge clarified that it was beyond his purview to question the decision by the director of public prosecutions to bring the case to court but guided the jury on legal principles surrounding unconscious actions.
"No laws about that exist. There are no criminal offences about that that exist. And it’s not for you to create the law." – Judge John Pickering
During deliberations, the jury queried what kind of evidence could be provided to demonstrate whether someone was awake during such an incident. Judge Pickering reiterated that an individual cannot be found guilty for actions performed unconsciously.
"We’re not about to punish people for acts that they have no lawful control over." – Judge John Pickering
The jury received the judge's responses to their questions and delivered the not guilty verdict hours later. This case highlights the complexities involved when claims of sexsomnia intersect with legal standards of consent and criminal responsibility.