‘ Sexsomniac’ acquitted of assaulting daughter

Judge rules Ottawa man was asleep at time of alleged attack

An Ottawa man on trial for sexually assaulting his sevenyear- old daughter was found not criminally responsible on Tuesday after a judge ruled he was in a state of automatism while sleepwalking.

Diagnosed with “sexsomnia,” or sleep sex, the man was accused of crawling into bed with his daughter in December 2010, after his wife kicked him out of bed after a night of drinking. He then allegedly removed his daughter’s underwear and held her down as he touched her. He allegedly pushed the Grade 3 student off the bed when she tried to fight him off.

Dr. Colin Shapiro, a sleep expert, testified at trial that the man was likely asleep when the assault took place, suffering from parasomnia, a type of sleep disorder that can include sleep eating, sleep walking and sleep sex, that he said can be triggered by alcohol consumption.

The Crown had argued that the man — whose name cannot be published — assaulted his daughter be- cause he was drunk, not because he was asleep. The judge found that the accused was not drunk at the time of the 2010 alleged attack.

It was the man’s second trial on the charge. The first ended in a mistrial.

The accused took the stand in his own defence and testified about the night he shared a bed with a friend and grabbed his buttocks thinking he was asleep with his wife.

He had pleaded not guilty to sexual assault and sexual interference.

The accused expressed relief at the verdict.

“It was quite a cloud lifted off his shoulders, so he’s very relieved,” said defence lawyer Ken Hall. “I’m pleased with the outcome and he can now move on with his life.”

He now goes before the Ontario Review Board, a panel of psychiatrists, judges, lawyers and public representatives that reviews such cases. The board will decide his conditions, if any.

The Crown had argued that the man assaulted his daughter because he was drunk, not because he was asleep.