ALAN TYSON SENTENCED IN WIRRAL FOR RAPE CASE INVOLVING SEXSOMNIA CLAIM
A man named Alan Tyson, from Ladyfield, Prenton in Wirral, was convicted of raping a sleeping woman after attempting to deny the crime by claiming he was also asleep during the assault.Tyson argued in court earlier this year that he suffers from sexsomnia, a recognized sleep disorder that causes individuals to engage in sexual activities while asleep.
He contended that this condition meant he lacked the intent necessary for a rape conviction.
Despite this, a jury found him guilty.
The victim, who was not acquainted with Tyson but was a friend of another house resident, had been invited to a gathering at the house in Wirral in August 2019.
After a few hours of drinking, she became unwell and laid down on a camp bed in the living room to rest.
She later asked Tyson to stop and moved upstairs to sleep in a bedroom with her friend.
Tyson followed her and attempted to join her in bed, despite her protests.
The following morning, she awoke to find Tyson raping her.
Initially, Tyson denied any sexual contact with her during police interviews.
It was only when DNA evidence linked him to her that he admitted to having sex with her.
Prosecutor John Wyn Williams stated, "Tyson then said he suffered from sexsomnia and pleaded not guilty to rape on that basis, but a jury found him guilty earlier this year." During a statement in court, the victim described the profound and lasting impact the attack had on her, including career derailment, serious mental health issues, and strained relationships with family.
She also criticized Tyson for maintaining his not guilty plea, stating, "If he had just pleaded guilty originally then I wouldn't have had to go through all this for two years." Defending Tyson, lawyer David Birrell noted that Tyson had no prior convictions and had contributed positively to society despite a difficult upbringing.
However, Birrell acknowledged that the jury’s guilty verdict challenged Tyson's claim that the assault was caused by sexsomnia.
He explained, "It may well be that your honour has doubts about whether he has the condition.
The jury’s verdict could be interpreted that he does not have that condition." Birrell also highlighted that Tyson had taken steps to address his beliefs about sexsomnia-related impulses, such as changing jobs to avoid night shifts and quitting alcohol.
Judge David Potter stated that Tyson's conviction rejected the notion he was asleep during the attack.
The judge said, "That a condition called sexsomnia exists is well documented.
Yet in convicting you, a jury rejected the notion that you were asleep when you penetrated her.
He continued, "I conclude you were conscious of what you were doing at the time of the rape." Tyson was sentenced to seven years in prison for rape and will be required to serve at least two-thirds of that sentence before potential release on parole.
Additionally, he will be subject to a 15-year sexual harm prevention order and an indefinite restraining order to prevent contact with the victim.
