Sleepwalking, Mental Health, and the Law: Strange but Real Defenses in Washington State

Mental health plays a critical role in many criminal cases. Washington courts allow for defenses based on mental conditions in very specific ways

When most people think of criminal charges, they assume that someone must have acted with intent. But what happens when a person commits an act without being fully aware of what they’re doing—like during a sleepwalking episode or a mental health crisis?

At the Law Office of Erin Bradley McAleer, we believe every person deserves a defense that looks beyond the surface. In rare but very real situations, mental health conditions and sleep disorders can play a central role in a legal defense—and may even be the key to justice.

Mental State Matters in Criminal Law

In Washington State, every criminal charge includes a required mental element, known as mens rea—essentially, the intention behind the act. Without intent, a person may not be criminally liable, even if they technically committed the act in question.

That’s where certain defenses come in—like unconsciousness, involuntary actions, or temporary mental conditions. Though not common, they are recognized in law and can have a powerful impact in the right circumstances.

Can Sleepwalking Be a Defense?

Yes—under Washington law, if someone commits an act while unconscious or without awareness (such as during a sleepwalking episode), that fact may serve as a defense. This is not about denying what happened, but instead explaining how and why it happened.

These kinds of cases require careful medical evaluation, detailed timelines, and expert testimony. They are complex—but not impossible.

Mental Health and Criminal Responsibility

Mental health plays a critical role in many criminal cases. Washington courts allow for defenses based on mental conditions in very specific ways. If a person’s mental state at the time of the incident prevented them from understanding the nature or wrongfulness of their actions, this may be a valid legal defense.

Conditions that can affect criminal responsibility may include:

Sleep disorders (like sleepwalking or REM behavior disorder)
Dissociative episodes
Post-traumatic stress responses
Acute psychotic breaks or mental health crises

It’s important to know that raising a mental health-related defense is not about making excuses—it’s about ensuring that the legal system recognizes the full truth of what occurred.

The Role of Expert Testimony

Because these defenses rely heavily on medical and psychological facts, expert witnesses are often essential. At our firm, we work with experienced professionals—including sleep specialists, psychiatrists, and psychologists—who can offer credible, evidence-based insights into our clients’ conditions.

Their testimony can help the court understand what the accused was experiencing, and why it matters.

Why These Defenses Matter

Washington law is built not just on punishment, but on fairness. Mental health defenses ensure that people are not wrongfully convicted when they genuinely lacked intent or awareness.

If you or someone you care about is facing charges and you believe mental health or a sleep disorder may be a factor, don’t stay silent. These defenses are rare—but real.