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Jury clears man of raping woman friend after 'sleepwalking' defence
Julie Hemmings A MAN has been cleared of raping a female friend after claiming he was fast asleep during the attack.
James Bilton, 22, slumped forward in the dock as he was cleared of all three counts of rape and was in tears and unsteady on his feet as he left York Crown Court.
During a week-long trial, Bilton, of Hope Street, York, told the jury of his family's history of sleepwalking – he, his mother, two aunts and
a cousin have all sleepwalked.
The bar worker had no recollection of the alleged assault at his flat in the early hours of March 23 and denied all the charges.
He and the woman, whom he knew, went back to his flat with a mutual male friend after a night out in York city centre. All had been drinking.
The male friend left and, as the woman was falling asleep, Bilton offered her his bed and said he would sleep on the sofa.
He put her to bed, fully clothed but for her boots, and kissed her on the forehead before turning out the light and closing the door.
The woman said she fell asleep straightaway and woke to find a man in bed with her, touching her intimately.
At first she thought it was an ex-boyfriend but realised it was Bilton and told the court he then raped her three times in quick succession. She said she did not consent to any sexual activity.
Afterwards she said Bilton left the room without speaking and she realised she had only her top left on.
She found her clothes and dressed and as she was letting herself out of the flat said Bilton came out of the bathroom, with a strange look in his eyes and asked why she was leaving.
He told the court he had woken on the sofa, stuck to the leather cover and feeling disorientated.
After the woman left Bilton went to sleep in his own bed and was woken several hours later by police officers coming to arrest him.
Sleep expert Dr Ishaad Ebrahim said Bilton did sleepwalk and revealed people who did so could carry out any actions, even complex tasks, which were possible when they are awake, with no recollection afterwards.
Of the one to 2.5 per cent of the adult population suffering from the condition, four per cent carried out sexual behaviour.
The court heard Bilton also suffered from sleep apnoea (interrupted breathing) and at the time was under stress owing to work and money worries, which both made a sleepwalking episode more likely.
The court was told Bilton had sleepwalked from the age of 11 during times of stress.
The jury of seven women and five men deliberated for under two and half hours before returning the not guilty verdicts.
After releasing Bilton from the courtroom, Judge Shaun Spencer QC thanked the jury for their efforts in trying what was a "difficult and unusual case".
Outside court Bilton and his family declined to comment.
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Saturday 11 February 2012
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