29-year-old man charged with rape reaches trial closing stage

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A 29-year-old man charged with rape reached the closing stages of his Central Criminal Court trial. The proceedings were reported on 25 October 2016. The accused conceded he could have had sex with his friend while they shared a bed, but said it resulted from sexsomnia, a condition causing sexual acts during sleep.

In closing arguments on 25 October 2016, prosecuting counsel Patrick McGrath said “drink and opportunism” was a more likely explanation. He argued that the accused’s actions and conversations were inconsistent with parasomnia. Prosecution witness Dr Harry Kennedy, Clinical Director of the Central Mental Hospital, said the man’s behaviour demonstrated full mental capacity at the time.

The trial had previously heard from Dr Catherine Crowe, director of a sleep clinic at the Mater Hospital, who believed the alleged rape was “more likely” an episode of sleep sex. She said the accused had a clear history of sleepwalking from early adolescence and sexsomnia before the alleged rape. According to his former girlfriend, sleep sex continued afterwards.

Defence counsel Hugh Hartnett cited friends’ evidence of previous sexual behaviour while the accused was asleep. He said saved emails showed the man had contacted an Edinburgh sleep clinic soon after the event, before any complaint to gardaí. He argued that the prosecution had failed to prove its case beyond reasonable doubt.

Mr Justice Patrick McCarthy was summarising the case and instructing the jury on the law. Jurors were expected to begin deliberations the following day.