Acquitted of rape – claimed he was asleep during the offences
She said she had woken up several times to her boyfriend raping her. Now Örebro District Court has acquitted the young man of several counts of rape.
Acquitted of rape – claimed he was asleep during the offences
Örebro District Court has acquitted a young man of several counts of sexual coercion. His former partner had identified him for repeated assaults, often while she was asleep. He claimed he suffered from sexsomnia and therefore lacked intent. This is reported by Expressen.
The couple met during secondary school. After approximately a year, the relationship ended, and towards the end of the relationship came allegations of sexual assault. Two years later, the woman reported the man to police.
She stated that on around fifteen occasions she had woken up and discovered that he had assaulted her without her consent. On certain occasions, she had consumed alcohol or cannabis. She maintained that he was awake and aware of his actions.
The man had no memory of the events. He described how he had suffered from sleep disorders since childhood and how he moved about and acted while asleep, for example by pulling the pillowcase off the pillow. His later partner also testified that she had woken up to him touching her, but that she observed he was asleep.
The court found that the woman's account was credible in large part, but that the man's explanation about sexsomnia could not be disproved. One lay judge dissented and considered that the woman's version was sufficiently strong to lead to a conviction.
Source: Expressen