Courts / Dublin / Report

Evidence demonstrates "sexsomnia" rape accused had "full mental capacity at time, expert tells trial

Date
2016-10-17

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

In the Central Criminal Court, a 29‑year‑old man pleaded not guilty to a single count of rape after an alleged incident on 28 September 2008. The defence argued that the accused was suffering from sexsomnia, a condition that could cause sexual acts while asleep, and had testified that the man was likely acting in his sleep. The prosecution countered with Dr Harry Kennedy, clinical director of the Central Mental Hospital, who examined the evidence. He described the victim's account of waking to the accused having sex with her, noting that her clothing had been altered and that the accused had removed and reinserted his penis. Kennedy concluded that these actions demonstrated full mental capacity, intent, and purposeful conduct at the time of the alleged offence. The trial will continue with his testimony before Justice Patrick McCarthy and a jury of eight men and four women.

Who, what, where, when and why

What: Report matter: Evidence demonstrates "sexsomnia" rape accused had "full mental capacity at time, expert tells trial. Charges or matters: one count of raping the woman at an apartment in Dublin in the early hours of September 28, 2008. Procedural stage: trial

When: