‘Sleepwalker, 21, wandered into his friend’s bedroom and sexually assaulted the man’s girlfriend while fast asleep’, court hears
- Dale Kelly charged with assault by penetration and on trial at York Crown Court
- He allegedly sleepwalked into friend’s room and began touching his girlfriend
- Kelly claims he was asleep at the time and believed he was in his own bed
A man sleepwalked into his friend’s bedroom and tried to have sex with his girlfriend, a court was told.
Dale Kelly, who had reportedly been on a night out prior to the incident, got in his friend’s bed and allegedly sexually assaulted a woman as she slept.
As the 21-year-old touched his alleged victim she began to scream and shout for help from her partner, according to the Sun.
Kelly claimed he was asleep when he wandered into the couple’s room from the spare room, York Crown Court was told.
After waking up and realising he was in the wrong room, Kelly allegedly said he thought he was in bed with another woman.
Dale Kelly is on trial at York Crown Court (pictured) where he denies assault by penetration, claiming he was asleep when he walked into his friend’s room and touched his girlfriend
He told police he was dreaming of being in bed with a woman when he woke up, according to reports.
York Crown Court was told Kelly text his friend moments after the incident that he ‘would never do anything to hurt you’.
He reportedly wrote: ‘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 [the alleged victim]. I love you.’
In British law a defendant would have to have committed an ‘actus reus’, or guilty action, in order to be convicted.
Therefore if someone is found to not be in control of their body at the time of the alleged crime the defendant can be acquitted.
In 2009 Brian Thomas, of Neath in South Wales, walked free from court after being charged with the murder of his wife Christine while they were on holiday.
Prosecutors accepted that Thomas had a sleep disorder and so had no control over his body when he strangled his wife of 40 years while they were both asleep in a caravan.
Charges were withdrawn after three psychiatrists testified that locking him up would serve no useful purpose and the judge said Thomas bore no responsibility for his actions.
Kelly denies assault by penetration and the trial continues.