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Sömnens rättsliga gränser

Claesson, Moa LU and Norman, Felicia (2025) RÄSK02 20251
Department of Sociology of Law
Abstract
The purpose of this study is to examine how the Swedish court of law determined intent in cases of sexual and traffic offences where the defendant claimed to have acted whilst being in a state of somnambulism. The starting point of intent assessment is permeated with uncertainty about the defendant’s level of consciousness. Since there is a significant lack of guiding practice in cases of this nature the courts often seek support from expert witnesses, most notably somnologists. Because of this the courts function as an epistemological gatekeeper where they make the determination of what somnambulism is, which has been found to be mercurial, even if the expert witness is the same in different cases and testifies comparably. The study also... (More)
The purpose of this study is to examine how the Swedish court of law determined intent in cases of sexual and traffic offences where the defendant claimed to have acted whilst being in a state of somnambulism. The starting point of intent assessment is permeated with uncertainty about the defendant’s level of consciousness. Since there is a significant lack of guiding practice in cases of this nature the courts often seek support from expert witnesses, most notably somnologists. Because of this the courts function as an epistemological gatekeeper where they make the determination of what somnambulism is, which has been found to be mercurial, even if the expert witness is the same in different cases and testifies comparably. The study also analyzes how the courts’ way of evaluating the level of consciousness relates to broader legal discourses about intent. The results show that the courts’ approach to investigating the defendant’s level of consciousness has shifted after the Supreme Court ruling in 2024. This was because the Supreme Court distanced itself from relying on expert witnesses and instead emphasized the importance of making independent assessment of the defended intent based on the circumstances of the crime. However, the period preceding this ruling was characterized by the courts’ inconsistent application of the law, which this study argues undermines legal certainty. In some cases, courts relied on societal norms to determine what constitutes normal behavior for someone who is asleep, while in others, courts based their assessment primarily on the expert testimony. (Less)
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author
Claesson, Moa LU and Norman, Felicia
supervisor
organization
course
RÄSK02 20251
year
type
M2 - Bachelor Degree
subject
keywords
Domstol, Expertvittnen, Epistemologisk grindvakt, Sexsomni, Somnambulism.
language
Swedish
id
9208218
date added to LUP
2025-08-11 14:30:13
date last changed
2025-08-11 14:30:13
@misc{9208218,
  abstract     = {{The purpose of this study is to examine how the Swedish court of law determined intent in cases of sexual and traffic offences where the defendant claimed to have acted whilst being in a state of somnambulism. The starting point of intent assessment is permeated with uncertainty about the defendant’s level of consciousness. Since there is a significant lack of guiding practice in cases of this nature the courts often seek support from expert witnesses, most notably somnologists. Because of this the courts function as an epistemological gatekeeper where they make the determination of what somnambulism is, which has been found to be mercurial, even if the expert witness is the same in different cases and testifies comparably. The study also analyzes how the courts’ way of evaluating the level of consciousness relates to broader legal discourses about intent. The results show that the courts’ approach to investigating the defendant’s level of consciousness has shifted after the Supreme Court ruling in 2024. This was because the Supreme Court distanced itself from relying on expert witnesses and instead emphasized the importance of making independent assessment of the defended intent based on the circumstances of the crime. However, the period preceding this ruling was characterized by the courts’ inconsistent application of the law, which this study argues undermines legal certainty. In some cases, courts relied on societal norms to determine what constitutes normal behavior for someone who is asleep, while in others, courts based their assessment primarily on the expert testimony.}},
  author       = {{Claesson, Moa and Norman, Felicia}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Sömnens rättsliga gränser}},
  year         = {{2025}},
}