A SLEEPWALKER who molested his pal’s girlfriend while asleep has been ordered by a court to warn anyone under the same roof as him of his rare condition.
Dale Kelly, 21, was told he poses a risk to any woman who sleeps in the same house as him due to his sexsomnia – a disorder where he engages in sexual activity while sleeping.
He was found not guilty of sexual assault by penetration by reason of insanity in August this year.
A jury at York Crown Court decided he had committed the offence but was not responsible for his actions at the time.
Judge Simon Hickey ruled Kelly, who had been drinking and speaking to women on Tinder before the incident, must comply with a sexual harm prevention order for five years.
The conditions of the order mean he must notify any person who sleeps in the same house as him of his condition “so they can take steps to prevent any harm coming to them”.
Speaking outside court, Kelly’s mum said: “It’s a case where there are no winners.”
The court heard how Kelly had sleepwalked into his friend’s bedroom at a house in Tadcaster, North Yorks., after a night out in Leeds on April 17, 2017.
RISK TO WOMEN
His victim went to bed with her boyfriend but woke up at around 6am with Kelly in bed trying to have sex with her.
Kelly had tried to penetrate the victim and claimed he was woken up by her shouting.
He fled the house and was arrested a short time later. He told police officers he had a history of sleepwalking.
He said the last thing he remembered was falling asleep and did not know how he had got into the bedroom, the court heard.
Kelly and another friend were both sleeping in the spare room at the three-storey house on the floor below the couple’s bedroom.
During the trial, the jury heard from two medical experts who said, while rare, it is possibly Kelly could have navigated two flights of stairs, entered the bedroom and engaged in sexual activity without realising.
I judge you pose a risk to the victim and to any female who may find themselves sleeping in the same household as you. The victim gave evidence earlier that you had made an odd and suggestive remark to her.
Judge Simon Hickey
Kelly, of Co Durham, underwent an assessment by expert neurologist Neil Munro, who found evidence of parasomnia – abnormal activity in sleep – during the test.
The court had previously heard Kelly made a remark to the victim before the night out and said: “If (your boyfriend) doesn’t want to go out, you can come out with me and I’ll tell the lads you’re my girlfriend to keep them away from you.”
Judge Hickey also ordered Kelly to undergo a two-year alcohol awareness course and an adapted thinking skills programme, to be supervised by probation officers.
He told Kelly: “I judge you pose a risk to the victim and to any female who may find themselves sleeping in the same household as you.
“The victim gave evidence earlier that you had made an odd and suggestive remark to her.”
The court heard there was no established treatment for the condition, but that poor sleep hygiene, alcohol intake and stress can also contribute to sexsomnia.
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Judge Hickey added: “As a young man, these factors, in my judgement, can rise again.
“If you breach the sexual harm prevention order, you could go to prison for up to five year.”
Kelly was also banned from contacting the victim for the length of the order.
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