Innocent or Guilty? The People Who Commit Crimes in Their Sleep

If a person commits a crime in their sleep, should they be held responsible?
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The importance of sleep is well-documented. A lack of sleep, in fact, can have dangerous results.

One specific type of sleep disorder, known as parasomnias, involves unwanted and inappropriate behaviors that occur during sleep.

These sleep-related behaviors have some people asking: If a person commits a crime in their sleep, should they be held responsible?

Case Studies in Odd Behavior

“When parasomnias become more complex and violent,” according to Dr. Michel Cramer Bornemann, one of the founders of Sleep Forensic Associates, “they often have forensic implications.

“This,” he suggested, “is obviously of great importance in law, where criminal allegation may involve very bizarre human behaviors that are difficult to explain.”

Sleep Forensic Associates is an American organization consisting of medical doctors and sleep scientists that helps law enforcement officers and lawyers answer the question of criminal responsibility. The organization regularly deals with extreme cases of crimes carried out during sleep, including acts of murder.

When asked to discuss one of the strangest cases he has worked on, Dr. Cramer Bornemann described a situation involving an individual camping on a beach along the West Coast. This person had a vivid dream: A group of Russian special forces agents landed on the shore during a dark and windy night. Despite the howling wind, he believed he heard Russian voices coming from a nearby sand dune.

Concerned about a potential covert military operation, he went to his car parked next to his tent and retrieved a loaded handgun he had stored in the glove compartment. In a state of panic, he urgently warned his fellow campers to flee from the dunes and seek shelter further inland. Fearing for his safety, he fired shots in the direction of the perceived Russian voices.

Tragically, he unintentionally struck his friend, who had remained outside and was seated in a chair on the opposite side of the campfire. Realizing his grave mistake, the shooter immediately applied pressure to the gunshot wound in an attempt to control the bleeding. Emergency services were promptly contacted, but due to adverse weather conditions, Dr. Cramer Bornemann said it took more than an hour for the fire department’s emergency personnel to arrive at the scene. Sadly, by the time they reached the injured individual, it was too late, and he had succumbed to severe blood loss. When campers from a nearby campsite came to investigate the incident after the arrival of emergency personnel, they spoke with a distinct accent. It was later discovered that they were native Russian speakers.

Dr. Cramer Bornemann also discussed one man who had taken Ambien (prescription zolpidem) during his transoceanic flight to help him sleep during the long journey. Upon arriving home, he spent some time with his family, whom he had not seen in a while. While his wife and son were having a heated discussion, the man, apparently sleepwalking, went to the kitchen and grabbed a large steak knife. He then walked in a trance-like state over to his son and struck him with the knife, immediately severing his carotid artery and killing him. The man had no motive and no recollection of the event. It was only several hours later, in the interview room at the police station, that he regained full cognitive faculties.

About 3.8 million Americans report using zolpidem, making it the most widely used prescription hypnotic. It can cause unwanted side effects, including a higher risk of parasomnias, hallucinations, and amnesia. In very rare cases, it has been associated with uncharacteristic violence, including homicide.

Sleep-Related Violence

Dr. Cramer Bornemann and his colleagues have explored and discussed parasomnias and the conditions that lead to sleep-related violence in great detail. In a 2019 paper, they examined instances of violence that occurred during sleep and explored the various sleep-related conditions that contribute to these behaviors. They were—and still are—attempting to bridge the gap between the medical and legal understanding of automatisms, complex motor behaviors that occur without conscious awareness. Automatisms, according to experts like Dr. Cramer Bornemann, blur the lines between innocence and truly intentional criminal behavior. The most prevalent sleep-related criminal allegations, noted Dr. Cramer Bornemann and his colleagues in their review, involved “sexual assault, homicide/manslaughter or attempted murder, and driving under the influence.”
Another systematic review of case reports suggests that the occurrence of sleep-related violence and sexual behavior in sleep pose a complex medical-legal problem, particularly when these actions are believed to have led to a criminal act such as assault, attempted murder, murder, or sexual assault. It is important to note that both sleep-related violence and sexual behavior in sleep can occur during sleep without the individual being fully conscious, which leaves many legal professionals asking if the perpetrators can really be held responsible for their actions.

Understanding Parasomnias

Dr. Cramer Bornemann told The Epoch Times, “Sleep forensics attempts to provide the court with an opinion in regards to the mental state of the accused (i.e., was the accused aware of their actions and did the accused possess the appropriate cognitive faculties at the time of the allegation to be culpable).”

He further explained parasomnias, which can occur during either rapid eye movement (REM) or non-REM sleep. Non-REM sleep, characterized by quieter and slower brain activity, stands in contrast to REM sleep, during which the brain becomes more active, and we experience a greater propensity for dreaming.

Non-REM parasomnias include sleep terrors and somnambulism, commonly known as sleepwalking. Those with REM sleep behavior disorder (RBD), an example of REM parasomnia, tend to act out their dreams. RBD has been identified as a potential indicator for neurodegenerative conditions like Parkinson’s disease. Both non-REM and REM parasomnias, Dr. Cramer Bornemann noted, can manifest as purposeful complex behaviors with aggressive tendencies. Parasomnias, he added, arise due to “inconsistent sleep patterns, sleep deprivation (rampant in Western countries), and stress.”

The Dangers of Sleepwalking

John Rumbold, a sleepwalking expert, told The Epoch Times, “Although parasomnias are usually harmless, if embarrassing—e.g., when the wandering sleepwalker walks into the wrong bedroom or urinates in the wastepaper basket—there are rare instances where sleepwalkers can injure people, commit sexual harms, or even kill.”

Mr. Rumbold, who completed his doctoral thesis on the medical and legal implications of sleepwalking-related crimes, tells readers that if they find themselves face to face with a sleepwalker, “not to confront them or try to suddenly waken them, as there may be an aggressive response.” Instead, “Just gently steer them back to bed.”

John Mac Ghlionn
Author
John Mac Ghlionn is a researcher and essayist. He covers psychology and social relations, and has a keen interest in social dysfunction and media manipulation. His work has been published by the New York Post, The Sydney Morning Herald, Newsweek, National Review, and The Spectator US, among others.
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