A MAN tried to have sex with his friend’s girlfriend after sleepwalking into their bedroom, a court heard.
Boozed-up Dale Kelly, 21, got in their bed and sexually assaulted the woman who initially thought he was her boyfriend, it was said.
She realised it was Kelly when she heard him speak and repeatedly screamed as she tried to wake her lover: “What the f*** is he doing in our bed.”
She started crying hysterically before insisting: “He tried to rape me . . . he’s been touching me,” the court was told.
Kelly, who had told friends earlier that he was dating a girl, got out of the bed and said to the pair: “What the f***? I thought I was with Levi.”
He had wandered into their bedroom from the spare room where he was sleeping after drinking on a night out, the jury heard.
I swear down I would never do anything to hurt you or [his alleged victim]. I love you
Kelly was arrested after leaving their home when his alleged victim, who cannot be named, dialled 999.
In interviews, he told police he had been having a dream about being in bed with a woman when he came round.
He also sent a text to his friend moments after the alleged incident which read: “I’m still wanting to wake up and for this to be in dreamland.
“I swear down I would never do anything to hurt you or (his alleged victim). I love you.”
The jury heard Kelly had suffered from the sleep disorder parasomnia — a form of sleepwalking and sleep-related sexual behaviour — from childhood.
His defence claimed he was asleep at the time of the alleged assault and had sleepwalked into the couple’s bedroom.
In law, if a person totally lacks control of his body at the time of an offence he can plead not guilty and can be acquitted.
Kelly denies sexual assault by penetration. The trial continues at York crown court.
Source: Read Full Article