Rape suspect claims 'out-of-body' experience during assault
Court hears testimony that man told ex-girlfriend he was dreaming during non-consensual sex on January 1, 2023.
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A Calgary rape suspect running a "sexsomnia" defence told his ex-girlfriend he had an "out-of-body" experience during non-consensual sex, the woman testified Monday in court.
The complainant, who cannot be named, testified her then-former lover was at her northeast Calgary home on the evening of January 1, 2023. After watching their favourite Christmas movie together, she went to bed but invited him to spend the night, as he occasionally did.
She said she awoke to find him trying to remove her clothing and when she pushed his hand away and said "no, I'm too tired," he continued. She testified he managed to remove her underwear and had sex with her without permission despite her repeatedly telling him "no" and yelling at him.
"I was trying to hit him to get off of me, while repeatedly telling him no and yelling at him," she said. She said the assault lasted about eight minutes before the man completed the sexual act.
Afterward, she testified, he told her he had woken up and was having an "out-of-body experience" and a dream, and that he didn't know what he was doing. "It was very clear" — he wasn't mumbling or slurring, she said.
The defence had planned to call University of Toronto professor Dr. Colin Shapiro, an expert in sleep disorders including sexsomnia, but withdrew the request after problems arose with his evidence. The judge has given the defence time to find another expert.