An Alberta man accused of sexually assaulting his former wife on multiple occasions has been found not guilty, with a judge accepting the possibility that the accused may not have been fully conscious during the alleged acts.

Alberta Man Found Not Guilty of Sexual Assault

The decision, handed down by Justice Ayla Akgungor of the Court of King’s Bench in Wetaskiwin, Alberta, on July 17, concluded that the Crown had not proven beyond a reasonable doubt that the accused, identified by his initials, possessed the requisite intention for the offence of sexual assault.

The accused had claimed a lack of recollection for the alleged incidents, which he attributed to a condition he referred to as "sexsomnia." His physician, however, described the issue as "non-REM parasomnia." The man did not dispute the events themselves, as testified to by his former wife, but maintained he had no memory of them occurring.

'Sexsomnia' Defence Accepted by Court

Justice Akgungor's ruling highlighted the accused's forthright testimony, noting that while his claims could be viewed as self-serving, his willingness to not dispute his ex-wife’s account of the events was indicative of a genuine inability to recall them.

“On the one hand, this might be viewed as self-serving evidence, but in my view, (the accused) was very fair and forthright in his testimony when he indicated that he did not disagree with or dispute (his ex-wife’s) testimony as to the events that had occurred,” the judge wrote in her decision.

The judge stated, “I am satisfied that there was a reasonable possibility that (the accused) may not have been fully conscious during the incidents in question such that his conduct was intentional. This means that I am not satisfied beyond a reasonable doubt that the Crown has established that (he) had the requisite intention to touch (his wife) as is required to establish the mens rea element of sexual assault.”

Allegations Surface Amid Custody Battle

The allegations of sexual assault came to light in December 2022, when the complainant approached the Royal Canadian Mounted Police while attempting to regain custody of the couple's children following their separation.

The court heard that the complainant testified to being awoken on several occasions between the latter half of 2018 and into 2019 by her husband engaging in sexual acts with her while they were both in the marital bed. These incidents, described as vaginal, anal, and digital penetration, reportedly occurred in the master bedroom of their shared home.

It was agreed by both parties that on at least six occasions, discussions the following morning revealed the complainant’s account of the night's events, to which the accused responded he had no recollection and was unaware of what had transpired. The couple had also attended therapy together in 2019 to address the issue.