Courts / Dublin / Report

"Sexsomnia" accused not entitled to acquittal if actions caused by alcohol, judge tells jury

Date
2016-10-26

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

In a Dublin case, a 29‑year‑old man pleaded not guilty to a single count of rape committed at an apartment on 28 September 2008. He claimed the act was performed while he was in a state of sexsomnia, a rare condition that can cause sexual activity during sleep. The accused had consumed several drinks and a naggin of whiskey that evening before returning to a friend's house to sleep. Judge Patrick McCarthy told the jury that if the alleged sexsomnia was caused by alcohol, the defendant is not entitled to an acquittal. He explained that the prosecution must prove the accused knew the woman was not consenting or was reckless about her consent. The judge would finish summarising the evidence the following day, after which the jury of seven men and four women would deliberate. The case remains pending.

Who, what, where, when and why

What: Report matter: "Sexsomnia" accused not entitled to acquittal if actions caused by alcohol, judge tells jury. 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: