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Rape accused more likely drunk than "sleepwalking", prosecution tells "sexsomnia" trial

Date
2016-10-25
Stage
Trial
Primary locality
Dublin
County
Dublin

Summary

The prosecution in the trial of a 29-year-old man accused of rape has argued that it is more likely he was drunk rather than sleepwalking during the alleged incident. The accused, who cannot be named, has pleaded not guilty to one count of raping a woman at an apartment in Dublin in September 2008. The woman testified that she woke up to find the accused having sex with her. Patrick McGrath SC, prosecuting, stated that the accused's actions, including responding to her questions about a condom and discussing the morning after pill, indicated he was conscious and not sleepwalking. The prosecution rejected the claim of sexsomnia, a rare condition, and emphasized that alcohol consumption does not excuse the crime. The defence, led by Hugh Hartnett SC, argued that the accused may have been acting in his sleep, citing expert testimony on sexsomnia. The trial continues with the judge to address the jury.

Who, what, where, when and why

What: Report matter: Rape accused more likely drunk than "sleepwalking", prosecution tells "sexsomnia" 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:

Why: First, that the accused had lowered inhibitions because of the amount he drank that night. CNI source report

Case subjects

Unnamed 29-year-old

Defendant

Charges: one count of raping the woman at an apartment in Dublin in the early hours of September 28, 2008 (Alleged Or Contested)

Plea: Not guilty

Places mentioned

Court Venue
  • Central Criminal Court
Secondary Mention

Topics

Sexual Offences Stage Trial

Related court reports

Read the original CNI report

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