Dublin man jailed for rape after sleep disorder claim

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A Dublin man convicted of raping a colleague was sentenced to eight years in prison on 25 January 2024, with the final two years suspended on condition that he engage with the Probation Service after his release.

The 30-year-old man, who cannot be named to protect the woman’s identity, was convicted after an eight-day Central Criminal Court trial of one count of rape. The offence took place on 9 February 2018.

The pair had been socialising with a group before returning to his Dublin apartment. The woman went into his bedroom to sleep after finding the living room cold. She was fully clothed when she lay down and later woke to find him having sex with her.

She complained to gardaí on 15 February 2018, and the man was arrested on 30 June that year. He told gardaí nothing had happened and that he could recall only going to bed. DNA tests found his semen on her underwear and tights.

At trial, the defence said he suffered from sexsomnia, a disorder involving sexual activity during sleep, and he called expert evidence to support that contention. In her victim impact statement, the woman described his account as “belittling”.

Passing sentence, Mr Justice Kerida Naidoo said the man had made two earlier sexual advances that the woman rejected, then waited until she fell asleep and was fully aware when he undressed her. The judge considered his previous good record and 19 testimonials, but said his failure to admit guilt lessened his prospects of rehabilitation.

The judge said the man had expressed remorse in a letter but maintained his actions were involuntary and did not accept responsibility. Defence counsel Kathleen Leader SC had said he did not accept the verdict but expressed sincere remorse towards the woman.