Forensic aspects of the parasomnias

Abstract

Parasomnias can be associated with violent acts, resulting in injury to self and others. They can also be associated with inappropriate sexual behavior. Historically, many such behaviors have come to the attention of the legal system, raising questions regarding criminal culpability. Physicians who are involved in the management of such parasomnias also face legal challenges, as they have a responsibility to their patients and to third parties who are at risk for injury, or who are injured by, parasomnia-related violence. Sleepwalking defenses have generally been based on legal theories of automatism, unconsciousness, and insanity. Sleep medicine physicians are uniquely qualified to serve as expert witnesses in such cases.