A man who sexually assaulted his best friend’s girlfriend has been ordered to get treatment after claiming he was sleepwalking at the time and didn’t mean it because he wasn’t conscious.
The defense argued in York Crown Court that Dale Kelly was not conscious when he entered his best friend’s room and sexually assaulted his best friend’s girlfriend that was laying next to him.
Kelly stood trial this year and was found not guilty by reason of insanity.
On Friday, a judge heard that Kelly had two rare conditions called parasomnia and sexsomnia. Parasomnia is a condition that’s defined by abnormal movements or behaviors including sleepwalking, and sexsomnia which includes performing sexual acts while asleep.
After a night out together, Kelly headed back to the couple’s place with them at Yorkshire at around 5 am on April 17, 2017.
Around an hour later the victim said Kelly came into their room, got into the couple’s shared bed and fingered the victim.
The court heard that Kelly had to climb 2 flights of stairs to access the bedroom from where he originally was.
Kelly’s best friend told the court that he was awakened by his girlfriend screaming:
“who the f*ck is he in our bed? He tried to rape me he fingered me.”
Shortly after leaving the house Kelly texted his friend:
“I promise right now I have no f*cking clue what’s going on, I’m still wanting to wake up and for this to be in dreamland.”
The defense argued that Kelly was sleeping and thought the victim was a girl he had been dating at the time, and that Kelly suffered from parasomnia since childhood.
The judge ordered Kelly to undergo a two-year supervision order, which includes an alcohol awareness course and an adapted thinking skills program that will target areas that “exacerbated” his condition; sleep hygiene, alcohol, and stress.
Kelly was also given a five-year sexual harm prevention order which bans him from contacting his victim until 2024. The order also requires him to inform anyone of his parasomnia if he’s staying at their house/at any property other than his own.
The Judge who was presiding, Judge Hickey told Kelly:
I judge that you do pose a real threat to the female victim and to any person who may be sleeping in the same household as you, because as yet you have yet to undergo treatment if you breach my order the penalties are severe – you could go to prison for up to five years.