'Sexsomnia' Trial Hears Closing Arguments
A jury has to decide if a 29 year old man was suffering from a rare sleep condition when he allegedly raped his female friend in Dublin.
The accused’s legal team says he’s been diagnosed with sexsomnia - a sleep walking condition which causes sufferers to carry out sexual acts while asleep.
The court’s heard the accused and the alleged victim were platonic friends for a number of years and there was never anything romantic between them.
One night in September 2008 they went out to Coppers and back to a friend’s apartment where they shared a bed.
The woman said she went to sleep with her clothes on and woke up as something felt wrong and disgusting and the accused was having sex with her.
The accused’s legal team presented expert evidence that he’s been diagnosed with sexsomnia and was in a state of sleep when he climbed on top of the woman.
The court heard he once paraded around in his mother’s sun dress while sleep walking, he had groped friends while asleep and also used to grind against his former girlfriend while asleep.
But the Prosecution closed its case today saying that sexsomnia was a highly unusual suggestion and it was more likely that the accused was either drunk at the time or that he knew exactly what he did was wrong, regretted it and was trying to justify it
But the Defence argued that two experts with 30 years’ experience in the field both said the accused was acting in his sleep and the jury must decide on his state of mind at the time.
The accused's barrister said there were many articles on the subject.
The Judge began charging the jury this afternoon – which means he is taking them through the case and explaining the law to them.
He is expected to finish doing this tomorrow and the jury will then start its deliberations.