Reporter for the New Zealand Herald

Convicted rapist's 'sexomnia' appeal dismissed

In December, the man was sentenced to five years in prison. Photo / File
In December, the man was sentenced to five years in prison. Photo / File

A man who was convicted of raping his wife while she slept - despite claiming he had the sleep disorder "sexomnia" - has had his appeal dismissed.

The 42-year-old man, who has name suppression, was found by a jury to be guilty of rape and two counts of indecent assault in August 2015 at the Auckland District Court.

In his defence, he claimed to have the sleep disorder sexomnia, in which sex acts are performed in a state of unconsciousness, akin to sleepwalking.

In December, he was sentenced to five years in prison.

Today, his appeal against the conviction was dismissed by the Court of Appeal.

The rape occurred between March 2007 when the pair married, and December 2008, when the complainant woke to find her husband having aggressive and non consensual sex with her, despite her pleas for him to stop.

The first count of indecent assault occurred in bed between November 2011 and August 2012, when the man moved his wife's hand towards his genitals.

The second count of indecent assault occurred in bed between March 2007 and August 2012, when the man rubbed his erect penis against his wife's bottom.

- NZ Herald

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