Medical/Legal Issues
There are definite legal and medical implications for a criminal offence committed during a sleepwalking episode, as the offender is not held responsible for the act.
Sleepwalking is a peculiar, distressing, and potentially dangerous sleep behavior. However, there are definite medical and legal implications for a criminal offense committed during a Sleepwalking phase, as the offender is not held responsible for the act.
Medical Issues and Legal Issues
- Sleepwalking can adversely affect another sleep condition such as obstructive sleep apnea by interfering with nasal continuous positive-pressure therapy .
- Sleepwalkers are often misdiagnosed and inappropriately treated as psychiatric disorders.
- Such cases must be evaluated by professional sleep specialists.
- They may also have forensic implications. Accidents, homicides, and suicides may occur during these bizarre nocturnal experiences
- Failing to advise patients and/or their caretakers about the risks of injury to self or others could be construed as punishable, depending on the extent of the damage sustained.
- Failure to look for an underlying cause for sleepwalking, especially when the onset is in adulthood, also could be punishable.