Ruling upheld: not legally rape if he was sleeping

The Göta Court of Appeal in Jönköping upheld a district court decision to drop rape charges against a man who may have done the deed in his sleep.

In the incident under question, the man did in fact have intercourse with the woman against her will, reports news agency TT. But the district court had ruled that the man exhibited a "sleepwalking behavior," and a sleep researcher claimed that it was possible to complete the sex act while asleep. If the man were in fact sleeping, it would be impossible to prove that he had acted deliberately and consciously.

The vice chief prosecutor Lars-Göran Wennerholm said that he still had not decided whether to appeal the decision to Sweden's Supreme Court.

"But I think for sure that it would be interesting to have this tried," he said.