A Bloomington, Indiana man who blamed his fondling of a teen on “sexsomnia” was sentenced to one year of probation on Tuesday.
Andrew Passwaiter, 18, pleaded guilty to a misdemeanor count of sexual battery in exchange for the probation, according to The Indianapolis Star.
In March, a 15-year-old girl told police that she woke up to Passwaiter touching her inappropriately after she passed out on a couch during Spring break.
Passwaiter said he doesn't remember the act. He told investigators that he slept next to the girl but denied having any sexual contact with her. He said that if he did it was because of his “sexsomnia” condition, which causes him to do things sexually in his sleep to the person he is laying next to. He claimed he was diagnosed with the condition by a psychologist, who has since died.
A witness told police that Passwaiter’s eyes were open during the incident.
"Actually, sexsomnia is a recognized defense here in Indiana, its's also called automatism," said Indianapolis defense attorney Jack Crawford in a WTHR report. "It's also called the sleepwalking defense."
Crawford said it’s a very difficult defense to prove.
[Monroe County Jail]