A Calgary woman testified Monday that her ex-boyfriend, who is using a sexsomnia defence, told her he had an 'out-of-body' experience during non-consensual sex. The complainant, who cannot be named, recounted the incident at the Calgary Courts Centre.
Woman describes waking to assault
The woman said she and the accused watched their favourite Christmas movie at her northeast Calgary home on the evening of Jan. 1, 2023. After the movie, she went to bed but invited him to stay overnight, as he occasionally did.
She testified that she woke later to find her ex trying to remove her pyjama shorts and underwear, which he eventually succeeded in doing. 'I was confused about what was happening because I was half asleep,' she told Crown prosecutor Kenna Morris.
'I pushed his hand and said ‘no, I’m too tired.’ He wanted to have intercourse and I said ‘no,'' she testified, wiping away tears. 'He managed to get everything off below my waist and he began to have sex with me without my permission … after I was repeatedly telling him ‘no.'''
Struggle and aftermath
The woman said she struck him and yelled for him to stop. 'I was trying to hit him to get off of me, while repeatedly telling him no and yelling at him,' she said. When asked if the accused responded, she replied, 'No, he just kept going. He continued to have sex with me without my permission.'
She said after 'eight minutes of me fighting to get him off of me,' the accused completed the sexual act. Afterwards, according to her testimony, he told her he 'woke up and was having an out-of-body experience and a dream and he did not know what he was doing and said he was sleeping through the whole thing.'
'I said ‘what the hell?’ and he said he didn’t know what was happening, he thought he was dreaming and he was having an out-of-body experience, his exact words to me,' she testified. She noted the accused was not mumbling or slurring his words; 'It was very clear,' she said. She then showered and ordered him to leave her home.
Sexsomnia defence faces expert issues
The defence had planned to call University of Toronto professor Dr. Colin Shapiro, an expert in sleep disorders including sexsomnia — involuntary sexual activity while asleep. However, after problems arose with his evidence, defence lawyer Allan Fay withdrew the request to call him as an expert. Justice Jim Eamon has given Fay time to find another expert in the field.
The trial continues.
