‘Sexsomnia’ sufferer attacked cousin

A father-of-three who claimed to suffer from a condition known as “sexsomnia” has been convicted of the sexual assault of his female cousin.

The 26-year-old had pleaded not guilty at Dublin Circuit Criminal Court to the sexual assault at the victim’s flat in Dublin on August 11, 2009. She is his first cousin.

A jury of 10 men and two women took less than 90 minutes to return the unanimous verdict.

After being told that the man’s partner was due to give birth to their second child in four weeks, Judge Patricia Ryan adjourned sentencing until March.

The six-day trial heard evidence that while sleeping on the floor of his cousin’s bedroom the man got into her bed, pulled her pyjamas off and ejaculated on her.

His defence team argued that he has a history of sleepwalking and was not conscious of having committed a crime, while the prosecution argued that the man was drunk and this could not be used as a defence against sexual assault.

The man and his cousin had been drinking along with their families for a number of hours following a family funeral before returning to her flat.

He told gardaí he was very drunk after drinking all day and couldn’t remember anything between going to sleep on his own and waking up in his cousin’s single bed.

The victim said she woke up to find her cousin asleep beside her. Her pyjamas were partially pulled off her and semen, later identified as belonging to the defendant, was found around her vaginal area.

The court heard that the man believes he has a condition, described as “sexsomnia”, which causes sufferers to carry out physical and sexual assaults in their sleep.

The man’s pregnant partner told defence counsel Eanna Mulloy SC that over their eight-year relationship she had lost count of the number of times she had awoken to find him having sex with her, apparently while still asleep.

She said on many of these occasions he was sober and would not remember the sex the following day.

Prosecuting counsel Anne Rowland said: “If you were sleepwalking, this could be a defence. However, if you get yourself so drunk that it leads to sleepwalking that is not a defence.”

In direct evidence the man told the court: “I can’t sleep in my own room. I’m afraid I’m going to hit her or sexually assault her in my sleep. I’m afraid I might hurt the baby.”

Ms Rowland asked him: “Does sexsomnia mean if you get yourself drunk and you jump on someone you’re not responsible?”

He said: “I don’t think it’s an excuse for anyone who is drunk to sexually assault someone”.

Asked by gardaí if it was likely that something of a sexual nature could have happened while he was under the influence of alcohol, the man said: “I could have. This is the sickening thing. It’s no excuse is it? I have done this before with my girlfriend when I was drunk and she said it to me.”

Forensic psychiatrist Professor Henry Kennedy, director of the Central Mental Hospital, said he could find no evidence of sleepwalking in the defendant’s history and explained his actions by him being drunk.

Dr Christopher Idzikowski, an expert witness said he believed the man had a sleeping “abnormality” based on sleep tests carried out at his Edinburgh clinic.

Dr Idzikowski gave evidence that a person is capable of sexual behaviour while asleep.

Both the victim and the defendant sobbed in court as the verdict was delivered. He was placed on the sex offender’s register and remanded on continuing bail until next month’s sentencing.