Youth minister acquitted in child sex case because court found he suffers from ‘sexsomnia’
A Sydney youth pastor has been cleared of child sex abuse charges after a judge ruled the man was likely suffering from “sexsomnia” at the time of the alleged offence.
Aaron Mendis, appointed youth pastor at Rivers Edge Church in the suburb of Newington in 2012, appeared in the New South Wales District Court in August after pleading not guilty to 15 charges of child sexual abuse in the 2010s.
Prosecutors said the abuse occurred during youth group sleepovers and at a camp. The “active issue” in the trial is whether Mendis’ actions were the result of “sleep-related sexsomnia,” Friday’s ruling said.
During the trial, Mendis relied on a psychiatrist’s report to show that he suffered from “sexsomnia or sleep-related sexual behavior,” a defense he took to the plaintiffs’ argument that “his actions were not voluntary.”
In his judgementJudge Phillip Mahony acquitted Mendis of all charges on the grounds that ‘at the time of the alleged offences there was a reasonable possibility that the defendant was asleep and suffering from sexsomnia’.
“Therefore, the acts committed were not intentional or voluntary on the part of the defendant,” Judge Mahony said.
“It is a fundamental principle of criminal law in this state that a person is not guilty of a crime if the act that would constitute the crime was not done in the exercise of the will of the accused, or was done voluntarily,” he said.
The youth minister was accused of insulting children during a camp and sleepovers (stock photo)
The judge said he accepted expert testimony that he had sexsomnia, including Mendis’ family, friends and girlfriend. They said he fell asleep quickly, slept deeply, constantly moved his arms and limbs during his sleep and grabbed people while he slept.
“I acknowledge that such comments were made by several friends with whom the defendant stayed on numerous occasions over many years,” the judge said.
The judge also pointed to the psychiatrist’s conclusion that ‘the complainants’ statements strongly indicated that the suspect was asleep when the facts occurred’.