Here We Go Again?

Just when my blood pressure was going down, figuratively speaking, from the evolving Paris Hilton debacle, I ran into a really imaginative legal defense for rape.

A Minnesota Regional Sleep Disorders Center psychiatrist got together with some of his colleagues, studied sleep-related behavioral disorders, and came up with sexsomnia. Carlos Schenck, the psychiatrist, told Live Science "Any basic instinct can come out in the context of sleep," (Have Sex While You Sleep, June 2, 2007). "All sorts of things can happen" he added.

The legal system being what it is, the sexsomnia defense has already been used. Scott Axelburg, accused of raping the babysitter, said that he wasn't guilty because he was asleep at the time.

And his legal defense trotted out the Minnesota study.

Good news: He was found guilty.

Not-so-good news: This has been almost a non-issue in the news media. To be fair, KIRO 7 in Seattle, WA, headlined a May 23 article. "Molestation Suspect Says He Was Sleepwalking" and another mention on Fox News covered Mr. Axelburg's conviction on May 25. Beyond that, though, this has been a non-event that never happened as far as news coverage is concerned.

I did find a thoughtful blog on the subject, Sexsomnia, in the courtroom, which is a relief. I'd hate to think that I'm the only one who noticed this judicial hand grenade and understood its significance.

I'm going to make two points, and and then get back to work.

1. Despite the origin of the study, Minnesota is not infested with somnambulistic rapists.

2. Keep an eye on the back pages for more cases like this. I'm afraid that the Mr. Axelburg's conviction won't stop other lawyers from trotting this defense out again. It's too sexy, too scientific, and too convenient to be ignored.

This could be as big, and as profitable, as whiplash was, back in the day.