Sleep Memory Allegations Put Stepfather's Life at Risk

The problem for the jury may have been the accuser was too articulate. Her memory of the child molestation seemed super-human.

Case Summary

The accusation

That Curt repeatedly molested Tanya, his 13-year-old step-daughter, when she was asleep, usually napping. Tanya made the accusation when she was 20. She was 23 by the time of trial.

The charges

Four counts of Child Molestation in the Second Degree.

The possible sentence

Ten years in prison.

The defense Aimée Sutton and David Marshall presented

Even though trial came about ten years after the supposed acts of molestation, Tanya was able to describe Curt’s molesting her in great detail. The level of detail would have been quite surprising had she been describing things that had happened ten years ago when she was wide awake. For her to have such detailed memories of such old events that had happened when she was semi-conscious was incredible. So we asked the jury not to accredit it.

We also pointed out that people who expect to be assaulted usually don’t fall asleep; they are too anxious to sleep. Yet Tanya said she had repeatedly been molested in identical circumstances and places while taking naps.

The result

Not guilty on all four counts.

What helped win the case

Curt had photos of Tanya, at age 16, posing with her head resting on his shoulder. We admitted that an abused child might be required to endure posing for a family photo with her abuser, but we argued that it was not plausible that she would be required to rest her head on his shoulder—especially when no one else in the photos posed so affectionately.

Case Discussion

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