Rapist claims he did it ‘in his sleep’

Man given 8yrs after refusing to accept responsibility for attack

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A MAN who claims he acted as an “automaton” and “involuntarily” raped a woman due to a sleep disorder has been jailed for six years.

The 30-year-old from Dublin, who cannot be named to protect the anonymity of his victim, was found guilty of one count of rape on February 9, 2018, following a trial at the Central Criminal Court last December.

Imposing sentence yesterday, Mr Justice Kerida Naidoo noted the seriousness of the offence and the impact it has had on the victim, who had previously worked with the man.

He said he first attempted to persuade the victim to get into bed with him and made two sexual advances before waiting until she had fallen asleep to undress and then rape her.

He said the man accepted he had non-consensual sex with the victim and had written a letter to the court expressing remorse. However, the judge noted the man did not accept wrongdoing and contended that his actions were “involuntary” and he was not morally culpable for them.

He said the man’s position was that he acted as an “automaton” and was, therefore, not taking responsibility for his actions or their consequences. During the trial, the defence submitted that the man suffered from a sleep disorder called “sexomnia” where people engage in sexual behaviour while asleep.

Finalising the sentence, Mr Justice Naidoo said the mitigation included the man’s lack of previous convictions and 19 testimonials submitted on his behalf by his wife, family, former employers and friends.

He stated these testimonials suggest the accused may be a “good candidate for rehabilitation”. However, this was lessened by the fact that he does not accept wrongdoing.

He imposed a sentence of eight years and suspended the final two years on strict conditions, including that the man places himself under the supervision of the Probation Service.

The court previously heard the man and woman had been socialising as part of a group. At the end of the night, the man invited the group back to his Dublin apartment to continue the party, arriving there at around 5.30am on the morning of February 9.

The court was told it was cold in the living room, so the woman went into the man’s bedroom to sleep on the bed, fully clothed.

She later woke up to the man having sex with her.

In a victim impact statement, the woman said the attack “has made me feel less. It has made me feel weak.

“Do you know how belittling it is for someone to rape you and then try and shrug it off by saying they did it in their sleep? I needed to do this for me.”

Do you know how belittling it is for someone to rape you and then try and shrug it off? VICTIM IMPACT STATEMENT