Important to emphasise that this is a real, and distressing condition.
But if it is real there will usually be a plenty of evidence that it is real. Sexsomniacs most often attack the person lying asleep next to them, and they’re horrified and confused when they realise what has happened. The CPS should not be dropping cases simply because the defendant can afford expensive lawyers. And the case where they claimed the victim had sexsomnia is outrageous.