Alleged ‘sexsomniac’ who admits to raping woman wins new trial - The Globe and Mail
A man who admitted to raping a sleeping woman years after being convicted of sexually assaulting her won a new trial Monday after arguing he was also asleep at the time of the attack.
However, in granting Ryan Hartman another hearing, Ontario’s top court ruled the only issue to be decided will be whether he was suffering from a mental disorder at the time that made him not criminally responsible for the assault.
Hartman was convicted in May 2012 and sentenced to 14 months imprisonment for sexually assaulting the woman at a party in Brockville, Ont. He denied the assault had occurred but Superior Court upheld the conviction in December 2012.
In turning to the Court of Appeal, Hartman dropped his denial. Instead, he sought to introduce expert evidence to show he was suffering from sexsomnia and was unaware of his actions.
“New defences advanced years after the relevant events, only when other defences have been tried and failed and the convicted offender stands at the prison gate, must be viewed with considerable judicial suspicion,” the Appeal Court said in its decision.
“However, there will be cases in which the interests of justice require that an appellant be allowed to present a new defence on appeal.”
This was a rare occasion in which another hearing was warranted, the court said.
At trial, the complainant said she was sleeping on an air mattress in the kitchen with her boyfriend when she awoke in pain from someone penetrating her. She got up and turned on the light, and recognized Hartman.
A man who admitted to raping a sleeping woman years after being convicted of sexually assaulting her won a new trial Monday after arguing he was also asleep at the time of the attack.
However, in granting Ryan Hartman another hearing, Ontario’s top court ruled the only issue to be decided will be whether he was suffering from a mental disorder at the time that made him not criminally responsible for the assault.
Hartman was convicted in May 2012 and sentenced to 14 months imprisonment for sexually assaulting the woman at a party in Brockville, Ont. He denied the assault had occurred but Superior Court upheld the conviction in December 2012.
In turning to the Court of Appeal, Hartman dropped his denial. Instead, he sought to introduce expert evidence to show he was suffering from sexsomnia and was unaware of his actions.
“New defences advanced years after the relevant events, only when other defences have been tried and failed and the convicted offender stands at the prison gate, must be viewed with considerable judicial suspicion,” the Appeal Court said in its decision.
“However, there will be cases in which the interests of justice require that an appellant be allowed to present a new defence on appeal.”
This was a rare occasion in which another hearing was warranted, the court said.
At trial, the complainant said she was sleeping on an air mattress in the kitchen with her boyfriend when she awoke in pain from someone penetrating her. She got up and turned on the light, and recognized Hartman.