Alleged Serial Rapist Uses 'Sexsomnia' Defense in Perth Court Trial
Benjamin Nathan Bruce, a 26-year-old Perth man, is standing trial in the WA District Court on 29 charges, including multiple counts of sexually penetrating five women without consent over several years. The accused, who allegedly met some victims on the dating app Tinder, claims he has no recollection of the violent assaults due to a sleep disorder known as "sexsomnia," which causes involuntary sexual behaviour.
Prosecution Details Alleged Violent Incidents and Control
Prosecutor Adam Ebell presented evidence to the court on Wednesday, describing Mr Bruce as "controlling" and his relationships as "volatile." He highlighted that these alleged offences often occurred behind closed doors, late at night, beyond the eyes of others. One case involved a woman Mr Bruce met at a car meet in 2020, with whom he had a nine-month relationship marked by constant arguments.
The woman reported that sex with Mr Bruce was allegedly "painful" and "always rough and violent," leaving her with horrific injuries. Mr Bruce allegedly took issue with her birth control, asking her to remove her contraceptive implant because he wanted to get her pregnant, and failed to respect her requests for safe sex practices.
About two weeks into their relationship, during a sleepover at Mr Bruce's home, the victim alleges she woke to him penetrating her without consent. When she confronted him, saying, "What the f... was that ... you just raped me," Mr Bruce allegedly became angry, ordered her to go back to sleep, and claimed he had "sexsomnia" with no recollection of the incident. He admitted he hadn't been diagnosed but said the condition existed and told her it happened with previous partners who were "cool with it," advising her to let him do it again if it recurred.
Further Allegations of Abuse and Assault
On another occasion around Valentine's Day, Mr Bruce allegedly became angry because the woman took a long time to open the front door, leading to an argument where he verbally abused her to the point she felt broken. Overwhelmed, she began punching her own head as a coping mechanism, which allegedly angered Mr Bruce further. He grabbed her arms, held them down, and pressed his knee onto her throat while yelling, causing her pain and fear of losing consciousness.
In a separate incident from 2023, Mr Bruce met a woman on Tinder, and after consensual sex, she woke the next morning to find him watching her. When he tried to have sex again and she said no, she eventually gave in but asked him to use a condom, which he refused. Afterwards, Mr Bruce is accused of jumping on top of her and raping her again, laughing and blaming her for how she had laid down. The complainant later reported the incidents to a Sexual Assault Resource Centre.
Defense Denies Allegations and Questions Credibility
Defense counsel Daniel Johnson stated that his client "adamantly denied" the allegations, emphasizing that the trial would question the reliability and credibility of the complainants. He acknowledged that Mr Bruce had sexual relationships with the women and that there were heated altercations, but disputed that he ever forced himself sexually or committed the violent physical assaults as alleged.
The trial continues, with the court examining the complex issues surrounding consent, memory, and the use of "sexsomnia" as a defense in sexual assault cases. This case highlights the challenges in prosecuting intimate crimes that occur in private settings, often relying heavily on victim testimony and forensic evidence.
