Courts / Dublin / Report

"Sexsomnia" trial jury told it can reach majority verdict

Date
2016-11-01

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

During a four‑week trial at the Central Criminal Court, a jury of ten was instructed by Mr Justice Patrick McCarthy that a majority verdict would be sufficient. The case concerns a 29‑year‑old man who pleaded not guilty to a single count of rape. He alleges he was suffering from sexsomnia, a rare condition that can cause sexual acts while asleep, during the alleged incident on 28 September 2008. The victim, a friend, claimed she woke to find the man having sex with her and that he later admitted to raping her. She had also reported the incident to Gardaí several months later. The prosecution argued that alcohol consumption was a more likely factor than sexsomnia and that the accused's behaviour was inconsistent with the condition. The jury had been deliberating for over seven hours when the judge informed them that a majority verdict would be acceptable. The accused's name was withheld for legal reasons.

Who, what, where, when and why

What: Report matter: "Sexsomnia" trial jury told it can reach majority verdict. 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: