Sex-Assault Trial Hears Disputed Details on Suspect's 'Woke Up' Claim
Video evidence shows inconsistency in how complainant used air quotes when describing alleged non-consensual sex.
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A Calgary woman accusing her ex-boyfriend of rape testified Tuesday that she used air quotes to signal skepticism when recounting how he claimed he "woke up" during non-consensual sex — but admitted she did not do so in her first police interview.
The woman, testifying at trial, said she used the universal gesture on two subsequent occasions when repeating his words to a Calgary police detective on October 2, 2024. Crown prosecutor Kenna Morris played video clips from that interview showing the woman discussing the incident without air quotes on first mention, then with them on later references.
The accused, who cannot be named because he and the complainant are former intimate partners, is raising the defence of sexsomnia — a sleep disorder where people involuntarily commit sexual acts while asleep. According to the woman's account, the accused came over for a movie night on January 1, 2022, then pinned her to her bed and raped her while she struggled and screamed at him to stop.
Defence counsel Allan Fay had noted in cross-examination Monday that the woman said the accused "woke up" on three occasions — a detail the Crown and defence both seized on during her testimony about the precise phrasing.
The case has adjourned until fall for the Crown and potentially the defence to call expert witnesses on sleep disorders. A continuation date will be set next month.