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Man who claimed he was suffering from sexsomnia when he raped colleague appeals conviction

Date
2024-07-23

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

A 30‑year‑old Dublin man, whose name is withheld to protect the victim's anonymity, appealed his February 2018 conviction for one count of rape. He argued that the prosecution's closing address unfairly focused on his failure to give evidence and repeatedly scorned the testimony of Dr John Garvey, a sleep‑disorder expert who testified that the man suffered from sexsomnia. The defence maintained that the man was asleep during the assault, citing Dr Garvey's expert report. The appeal also challenged the judge's decision to allow evidence of a co‑worker's prior observation of the man's behaviour with the victim, and the use of video‑link testimony from abroad. The appellant contended these rulings prejudiced his right to a fair trial and made the verdict unsafe. The appeal was heard at the Court of Appeal on 23 July 2024. The article reports only the appellant's arguments and the court's hearing, without any outcome of the appeal.

Who, what, where, when and why

What: Report matter: Man who claimed he was suffering from sexsomnia when he raped colleague appeals conviction. Procedural stage: appeal. Findings: Convicted

When:

February 9th, 2018 Hearing Or Sentence
February 8th, 2018 Hearing Or Sentence
December 2017 Hearing Or Sentence
February 15th Incident
June 30th Incident
2024-07-23 Publication

Why: Mr Bowman also argued that the judge erred in permitting the prosecution to adduce evidence of one of the appellant's co-workers to suggest that the appellant had a prior motive or sexual interest in the complainant. Prosecution account reported by CNI