Man acquitted of rape in Örebro – district court divided over parasomnia defence
Örebro district court has acquitted a young man of several counts of rape against his former girlfriend. The court was not unanimous – one lay judge wanted to convict the man.
Divided district court acquits man accused of repeated rape
Örebro district court has acquitted a young man of several counts of rape against his then-girlfriend, reports op.se. The court was not unanimous in its decision.
The relationship began when both were in ninth grade – it was their first romantic relationship. Approximately a year later they broke up, and towards the end of the relationship the woman accused her boyfriend of rape. A police report was filed two years after that.
In interviews, the woman describes how the man raped her on repeated occasions, even when she said no. On certain occasions she was said to have been under the influence of alcohol or cannabis. She reports that on approximately 15 occasions she woke up during ongoing sexual abuse.
"She has in general terms recounted that she perceived it as him being awake and aware of what he was doing", the judgement states.
She brought up the incidents with him during the relationship. The man allegedly apologised and said that what he had done was inexcusable.
Man points to sleep disorder
The man, for his part, states that he does not remember the incidents. He recounts that since childhood he has had sleep problems and that he performs actions whilst asleep – such as pulling the pillowcase off the pillow. The girlfriend is also said to have told him that he "did things to her" whilst asleep, something he describes as terrible and difficult to manage. He apologised in order that the relationship would not end.
In district court, friends of both parties testified, as did the man's most recent girlfriend. She too recounts that she woke up to him touching her – on the breasts and between the legs – but that at the same time she was able to see that he was asleep. She is said to have shaken him, whereupon he woke up and said "oops, sorry".
Court: the parasomnia defence not disproved
The district court finds that the complainant has given an "on the whole clear, lengthy and vivid account", but notes that the man's defence regarding parasomnia has received some support in the investigation. No expert in the field was heard during the trial.
"The district court considers overall that the defence of lack of intent due to parasomnia has not been disproved", the court summarises in its judgement.
One of the lay judges is of a different opinion. He considers that the woman's account is sufficiently credible and that the parasomnia defence is less convincing – and therefore wants to convict the man of rape.
Source: Google News SE — Crime (sv)