Youth minister acquitted in child sex case as court finds he suffers from ‘sexsomnia’

A Sydney youth pastor has been acquitted of child sexual abuse charges after a judge concluded the man was likely suffering from “sexsomnia” at the time of the alleged offence.

Aaron Mendis, who was appointed youth pastor at Rivers Edge Church in the suburb of Newington in 2012, appeared in a New South Wales District Court in August after pleading not guilty to 15 counts of child sexual abuse in the 2010s.

The public prosecutor had claimed that the abuse took place during sleepovers of youth groups and in a holiday camp. The “current question” in the trial is whether Mendis' actions were due to “sexsomnia in sleep,” it said in a ruling on Friday.

In court, Mendis relied on a psychiatrist's report to prove that he suffered from “sexsomnia or sleep-related sexual behavior.” In his defense against the plaintiffs, he argued that his actions were “not voluntary.”

In his verdict, Judge Phillip Mahony acquitted Mendis of all charges, finding that “at the time of each alleged offence there was a reasonable possibility that the accused was asleep and suffering from sexsomnia”.

“Therefore, the acts committed were neither intentional nor voluntary acts on the part of the accused,” said Judge Mahony.

“A fundamental principle of the criminal law of this State is that a person is not guilty of a crime unless the act constituting the crime was committed voluntarily or without his own will,” he said.

The judge said he accepted expert evidence of sexsomnia, including testimony from Mendis' family, friends and girlfriend that he fell asleep quickly, slept deeply, constantly moved his arms and limbs in his sleep and reached out to people in his sleep.

“I accept that such observations were made by several friends with whom the defendant spent countless sleepovers over the course of many years,” the judge said.

The judge also referred to the psychiatrist's conclusion that “the plaintiffs' statements strongly suggest that the defendant was asleep at the time of the crimes.”