A Western Australian man accused of rape has claimed he was asleep during the alleged incident, a condition known as sexsomnia, believing the encounter was consensual.
Details of the Case
Benjamin Bruce, 34, appeared in the District Court of Western Australia on Thursday, facing charges of sexual penetration without consent. The alleged incident occurred in 2021 at a home in Perth's northern suburbs.
According to court documents, the woman involved woke to find Bruce engaging in sexual acts with her. She alleges she did not consent and immediately confronted him.
Bruce's defence lawyer, Michael Tudori, told the court that his client suffers from sexsomnia, a parasomnia disorder where individuals engage in sexual behaviours while asleep. Tudori argued that Bruce was not conscious during the act and therefore lacked the requisite intent for the crime.
“He genuinely believed he was having consensual sex with his partner at the time,” Tudori said. “He has no recollection of the event and was shocked when told what had happened.”
Expert Testimony
The court heard from sleep specialist Dr. David Cunnington, who diagnosed Bruce with sexsomnia after reviewing his sleep patterns and medical history. Dr. Cunnington testified that Bruce’s condition can be triggered by alcohol, stress, or sleep deprivation.
“People with sexsomnia have no awareness of their actions and cannot form conscious intent,” the doctor explained. “It is a recognised medical condition, though rare.”
Prosecution's Argument
Prosecutor Sarah Thomas argued that Bruce’s claim of sexsomnia is a convenient excuse, pointing to inconsistencies in his statements. She noted that Bruce had consumed alcohol that night but was not heavily intoxicated.
“The accused has a history of sexual behaviour and has used this defence previously in similar circumstances,” Thomas said. “We suggest this is a deliberate attempt to evade responsibility.”
The trial is expected to last several days, with the jury to decide whether Bruce’s actions were involuntary due to his condition or if he was fully conscious and committed the assault.
Broader Implications
This case highlights the complexities surrounding sexsomnia as a legal defence. While recognised in medical literature, its use in court remains controversial. In Australia, few cases have successfully used sexsomnia to avoid conviction.
Legal experts say the outcome could set a precedent for how such disorders are treated in sexual assault cases. The verdict will depend on whether the jury believes Bruce’s condition genuinely rendered him unconscious during the incident.
