Defense by way of “sexsomnia” has made 26-year old Mikael Halvarsson of Sweden a free man. Halvarsson’s rape conviction was recently overturned in an appeals court after convincing testimony was presented stating that the man remained asleep during his assault of a woman with home he was sharing a bed.

Earlier in the month, Halvarsson was convicted of rape and sentenced to two years in prison. He appealed the decision by arguing that he suffered from “sexsomnia,” a condition that enabled him to have sex while remaining completely asleep and unaware of what was going on.

The victim of the assault reportedly awoke after the assault and called the authorities. When police arrived, they found Halvarsson fast asleep in the bed. A sleep disorders specialist testified on the man’s behalf, convincing the Sundsvall appeals court that the defendant “was in a state of sleepiness, unconscious of what was happening.” Halvarsson’s mother and former girlfriend confirmed that Halvarsson exhibited unusual behavior while asleep.

The condition called sexsomnia is a confirmed medical diagnosis that includes unintentional sexual behaviors during sleep, according to Dr. Kingman Strohl, director of research at the Sleep Center at Case Medical Center in Cleveland, Ohio.

“Usually people are very scared and also quite confused as to what’s going on,” Strohl told a local ABC News reporter.

Other sexsomnia defenses have not always been successful for the their defendants. In August, Caleb Ruh, 29, was convicted of sexually molesting a young girl in Florida back in 2012. Although he argued that he took Xanax and fell asleep before the attack, the court held Ruh responsible for touching and trying to kiss the girl.