‘Sexsomnia episode’: Burlesque boss accused of rape says he was asleep

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‘Sexsomnia episode’: Burlesque boss accused of rape says he was asleep
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Prosecutors say Timothy Malcolm Rowland was awake and aware of what was happening when he allegedly had sex with a woman without her consent.

A Sydney burlesque business owner claims he was asleep and suffering from an episode of “sexsomnia” when he is alleged to have raped a woman in his inner-city apartment, a jury has been told.

“The trial will ultimately be about whether the accused was awake or asleep and suffering from a parasomnia, that being sexsomnia, at the time of the offence,” Crown prosecutor Geoff Harrison said in his opening remarks on Tuesday. The prosecutor said Rowland was having sex with the woman, who then got out of bed and began to record him on her phone. Harrison anticipated the jury would hear Rowland ask on the recording, “Was that consensual?”The prosecutor said a person cannot consent to sexual intercourse if they are unconscious or asleep, and the Crown would assert the woman had been asleep.

The woman attended two hospitals that day but declined the morning after pill and forensic testing, according to facts agreed in the case. At a medical centre the next day, she also reported the alleged sexual assault.Defence barrister Elana Scoufis said her client “has a diagnosis called sexsomnia”, which she said was a non-rapid eye movement parasomnia, and “had an episode” that morning.

“Unfortunately for Mr Rowland, he has a long history of sleep sex as he sometimes refers to it, or sexsomnia,” the barrister said.

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