Fluorescent lights flickered above the rows of pew-like benches at Barrie’s main courthouse, where an unusual legal defence has drawn a crowd of keen-eyed observers.
This week, a 49-year-old Barrie man faced the final rounds of testimony in his sexual assault trial, opting for a defence seldom heard in Canadian courtrooms: sexsomnia. The charges—sexual assault, sexual interference, and invitation to sexual touching—stem from an alleged incident with his 14-year-old stepdaughter during an overnight stay in the thick of the COVID-19 pandemic.
The story, now the talk of legal circles, pivots on the accused’s claim that he was in a sleep-like state when the alleged assault occurred. He testified that the encounter was initiated by the girl and that his memory of the event was murky at best, likening his experience to the fog of a half-remembered dream. During cross-examination by Crown attorney Indy Kandola, the man denied setting up a camera to record the complainant, insisting any incriminating images on his device resulted from a mix of software testing and bad timing.
But the prosecution pressed hard, pointing to text exchanges and the presence of alcohol as evidence of grooming. Kandola painted a picture of deliberate manipulation, characterizing the accused’s explanations as a string of implausible coincidences.
Enter Dr. Julian Gojer, the defence’s expert witness, who explained sexsomnia as a rare parasomnia akin to sleepwalking, but sexual in nature. While Gojer acknowledged that sleep-related disorders can lead to involuntary actions, he voiced serious doubts: “I have difficulty concluding that this is an incident of sleep sex,” he told the court, highlighting what he saw as patterns of victim blaming and behaviour inconsistent with genuine parasomnia.
As Superior Court Justice Phillip Sutherland listens to final submissions, the stakes are high. The trial exposes the difficulties of balancing complex medical testimony against troubling circumstantial evidence. With judgment expected in the new year, the community is left to grapple with uncomfortable questions about intent, responsibility, and the reach of medical defences in the justice system.
References:
Barrie man claims he didn’t intend to have sex with stepdaughter in ‘sexsomnia’ case
Barrie man claims teen stepdaughter asked for sex during visit
