Gulf war veteran with ‘sexsomnia’ is cleared of rape
Judge: ‘Most unusual evidence I’ve heard’
A GULF War veteran was yesterday cleared of raping a woman after a jury accepted he was sleepwalking during the attack.
Experts said Peter Atilla, 46, showed symptoms of ‘sexsomnia’, an extremely rare condition that causes sufferers to carry out indecent acts in their sleep.
Judge Richard Twomlow said some of the evidence was among the ‘most unusual’ to ever come before a court.
The sleepwalking defence is rare, with only 95 cases of sexsomnia recorded worldwide.
Atilla, who was attached to the SAS, claimed to have no memory of the attack and told police officers after his arrest: ‘Maybe I was sleepwalking.’
The victim, who cannot be identified for legal reasons, broke down as the jury of eight women and four men returned their verdict after only one hour and 20 minutes of deliberation.
Atilla was stony-faced and did not look at his distraught accuser as he left the dock. Outside Merthyr Tydfil Crown Court, he said: ‘This has ruined my good reputation after 26 years in the Army.’
The attack took place in June 2013 on Atilla’s first night home after a six-month tour of duty in Afghanistan’s Helmand Province.
He went to bed with the woman, agreeing they would only cuddle.
But she woke up in the middle of the night, undressed, with Atilla on top of her ‘sweating with his eyes wide open’.
Prosecutor Dyfed Thomas said the attack ‘lasted a matter of seconds’ before she screamed and pushed him off.
The attack was reported to police last June and when arrested, Atilla, from Northampton, is said to have told officers: ‘It’s long overdue.’
During the trial leading sleep expert Dr Chris Idzikowski said Atilla was probably still in ‘action mode’.
He added: ‘I have seen other soldiers who behaved in an untoward way in intimate situations on the first night home.’ Atilla, a Warrant Officer in the Royal Logistics Corps who had a ‘distinguished career’, served in both Gulf Wars, Iraq and Kosovo and has a Good Conduct Medal, was said to have a history of getting out of bed to urinate in cupboards.
His sleep was monitored for two night before the trial and doctors discovered he stopped breathing, ground his teeth and talked.
Dr Idzikowski said: ‘These are all potential indications that he is predisposed to having sex in his sleep.’
In his evidence, Atilla said: ‘I put my arm around her for a cuddle […] After that I rolled over and went to sleep. I went down in the morning and she accused me of rape. I had no memory of it.’
In 2005, James Bilton, 22, was cleared of raping a female friend three times after claiming his sleepwalking was the only explanation for his actions.
In 2007, an RAF mechanic was cleared of raping a 15-year-old girl after claiming he had sexsomnia.
In 2009, Alan Ball, 35, was cleared of kissing a young girl on the lips after saying he had been sleepwalking.
A teacher accused the justice system of betrayal in 2013, when Paul Fallon, 41, was cleared of sexually assaulting her after claiming he was sleepwalking.
In 2012, Zack Thompson, of Newark, Nottinghamshire, was jailed for six years after falsely claiming for two years that he had been sleepwalking when he raped a woman on holiday.
‘I had no memory of it’