Sunday 23 July 2017

Man who claims he was asleep when he allegedly raped his friend to go on trial for a third time

The Criminal Courts of Justice
The Criminal Courts of Justice

Conor Gallagher

A man who claims he was acting in his sleep when he allegedly raped his friend will go on trial for a third time in 2018.

The 29-year-old man conceded he might have had sex with the woman, but claimed he was suffering from sexsomnia at the time, a rare condition that causes people to carry out sexual acts while asleep.

Earlier this month a jury said it was unable to agree on a verdict following over eight hours deliberations and a month long trial.

An earlier trial collapsed in 2015 due to legal issues just before a jury was to begin deliberations.

The accused, who cannot be named for legal reasons, pleaded not guilty at the Central Criminal Court to one count of raping the woman at an apartment in Dublin in the early hours of September 28, 2008.

On Monday, counsel for the Director of Public Prosecutions indicated that a third trial date was required.

Mr Justice Patrick McCarthy put the matter in for January 2018.

The judge also agreed to return the accused's passport to him for specified dates so he can travel abroad.

The prosecution consented to this.

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