Jesse Bering explores the phenomenon of sleep-sex, or "sexsomnia", which is "simply a variant of sleepwalking, which affects 1 to 2% of adults." Robin Hanson focuses on a case of attempted sleep-rape and asks why we "should we punish harms chosen by an unconscious mind much less severely than harms chosen by a conscious mind":
To conclude … that unconscious acts should be forgiven … one must presume that unconscious mind harms are unplanned or are accidental side effects of other plans. Yet almost all conscious plans are first made unconsciously. So why should we presume unconscious acts are never planned?
Semi-related: how does one square lesser punishments for unconscious activities with disbelief in free will?
The Dish 