Man accused of sex assault on cousin tells court of tendency to sleepwalk

A man on trial for the alleged sexual assault of his cousin after a family funeral told gardaí that he had a history of carrying out attacks while sleepwalking.

On the first day of the trial the jury were told it was the State’s case that a defence of automatism or sleepwalking is no defence when the accused is drunk.

The 26-year-old man has pleaded not guilty at Dublin Circuit Criminal Court to the sexual assault of his female cousin at an address in Dublin on August 11, 2009.

In her opening speech, counsel for the prosecution Ann Rowland BL, told the jury it will hear evidence that the victim woke up in her bed on the night to find her cousin lying beside her and her pyjama bottoms around her ankles.

Ms Rowland said that DNA evidence will link the accused to semen found on her underpants.

The jury were told that after the incident was reported, the accused told gardaí that he had drank a lot in the hours between the family funeral and being invited back to stay at his cousin's flat.

Counsel said the jury would hear that the accused told gardaí: “I'm going to be straight with you, I can't remember anything” and said he had a history of “doing stupid things” when he gets drunk.

Ms Rowland said the jury would hear evidence that the accused agreed the semen found on his cousin could be his and he told gardaí: “I did this before with my girlfriend, when I was drunk, when I was asleep”.

Counsel told the jury that drinking so much that an accused has no control over what they do and behave like “an automaton” is no defence.

She said: “If you were sleep walking this could be a defence. However if you get yourself so drunk that it leads to sleep walking that is not a defence.”

The trial continues before Judge Patricia Ryan and a jury of 10 men and two women.