Medical/Legal Issues
There are definite legal and medical implications for a criminal offence committed during a parasomniac phase, as the offender is not held responsible for the act.
Parasomnias cover a wide variety of peculiar, distressing, and potentially dangerous sleep behaviors. These bizarre and frightening nocturnal experiences are not a manifestation of psychologic or psychiatric disorders and can be explained otherwise. However, there are definite medical and legal implications for a criminal offense committed during a parasomniac phase, as the offender is not held responsible for the act
Medical Issues
- Parasomnias can adversely affect Obstructive Sleep Apnea(OSA)/Snoring by interfering with nasal continuous positive-pressure therapy
- Wakefulness, REM sleep, and NREM sleep may occur simultaneously or in dissociated or incomplete forms to produce Primary Sleep Parasomnias.
- Dysfunction of other organ systems may manifest during the sleep state, resulting in secondary Parasomnias
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Legal Issues
- Parasomnias often are misdiagnosed and inappropriately treated as psychiatric disorders.
- Experienced sleep professionals should evaluate patients with these disorders.
- Parasomnias also may 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 one of the parasomnias, especially when the onset is in adulthood, also could be punishable.
