A woman who was sexually assaulted by a man who attempted to use a sleep disorder known as 'sexsomnia' as part of his defense has been awarded over $210,000 in damages by the Supreme Court of British Columbia. The ruling comes more than a decade after the assault occurred in Vancouver on September 27, 2015.
Background of the Case
Karl Richard Antonius, now in his 60s, was convicted of one count of sexual assault in July 2020. During his trial, now-retired Justice Austin Cullen acknowledged Antonius's 'impressive array of parasomnias'—conditions causing abnormal sleep behaviors—but rejected the argument that his conduct was involuntary. Antonius was sentenced to two years less a day in October 2020 and granted day parole after serving just over seven months.
The Assault and Trial Testimony
The victim, identified only as T.K. due to a publication ban, testified that she had no interest in sexual activity with Antonius on their blind date. However, she trusted him enough to sleep next to him after realizing a friend had her house keys. Wearing a t-shirt and shorts he provided, she lay on her left side, and Antonius joined her. He touched her bottom and attempted to remove her shorts, but she denied his advances, swatting his hand away. He seemed to accept her wish to sleep.
When she awoke later, still in the same position, she found Antonius had removed her shorts and underwear and was having unprotected sex with her. T.K. stated she was 'kind of still waking up and not really sure of what was happening,' and 'just froze.' Afterward, Antonius left the bedroom without speaking. The two parted ways, and T.K. never responded to his subsequent calls or messages.
Antonius's Defense and the Court's Rejection
When charged in 2016, Antonius initially claimed T.K. was lying to extort money, attributing his DNA to her wearing his boxer shorts. Three years into the case, he began researching sexsomnia, which he said gets 'lumped together' with sleep eating, a condition he experienced but was never formally diagnosed with. He later accepted he had intercourse with T.K., expressing remorse for her.
Justice Warren B. Milman, who presided over the civil suit, noted that the criminal court had already rejected the sexsomnia defense. In his decision, he awarded T.K. $210,000 in damages, including compensation for pain and suffering, loss of enjoyment of life, and future therapy costs.
Impact on the Victim
In her victim impact statement, T.K. described herself as 'a shadow of her former self,' detailing the profound psychological and emotional toll of the assault. She reported ongoing anxiety, depression, and difficulty trusting others, which has affected her relationships and career.
The case highlights the challenges courts face in evaluating rare sleep disorder defenses and underscores the lasting harm of sexual violence. The Supreme Court of B.C.'s award aims to provide some measure of justice and support for T.K.'s recovery.
