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Man who claimed he was suffering from sexsomnia when he raped co-worker loses appeal

Summary

A 30‑year‑old Dublin man who claimed he was suffering from sexsomnia when he raped a co‑worker was convicted on 9 February 2018 and sentenced to eight years, with the final two years suspended on strict conditions. He appealed, arguing that the prosecution's closing address unfairly spotlighted his failure to give evidence and scorned a sleep‑disorder expert's testimony. The Court of Appeal rejected all grounds of appeal, finding no unfair or prejudicial remarks and that the judge had not erred in refusing the expert to give evidence. The appeal also failed on the grounds that evidence of a co‑worker's prior interest in the victim was permissible, and that a pre‑trial ruling allowing video‑link testimony was within the judge's discretion. The appeal was dismissed, leaving the conviction and sentence intact. The case involved the victim waking to the man's sexual act, DNA evidence, and prior sexual comments made by the accused. The unnamed 30-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Man who claimed he was suffering from sexsomnia when he raped co-worker loses appeal. Charges or matters: a single count of rape but was convicted on February 9th, 2018 by a majority verdict following a Central Criminal Court trial. Procedural stage: appeal. Findings: Convicted

When:

• February 9th, 2018 Hearing Or Sentence
• February 8th, 2018 Incident
• 2024-11-12 Publication

Why: She said in his speech, counsel had referred to the appellant's presumption of innocence; his right to silence; the burden of proof and the fact that no adverse inference could be drawn against the man because he had not given evidence. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report