A city man, 26, stands accused of sexual assault, but his defence is building a case around a rare and controversial sleep disorder. His lawyer, David Roper, is attempting to introduce evidence from a leading expert who literally named the condition: sexsomnia.
Dr. Colin Shapiro, a University of Toronto professor and pioneer in sleep medicine, took the stand Monday. Roper is seeking to have Shapiro recognized as an expert in parasomnias – a category of sleep disorders involving abnormal behaviours – specifically focusing on the diagnosis and assessment of sexsomnia.
The core of the defence hinges on a startling claim: prior instances of sexual activity occurred while the accused was asleep. Normally, evidence of past sexual encounters is inadmissible in court, but Roper argues sexsomnia provides a crucial context.
Shapiro, the man who coined the term “sexsomnia,” explained that involuntary actions during sleep are far more common than many realize. He described cases ranging from sleepwalking to, disturbingly, individuals engaging in activities like driving or having sex while completely unconscious.
He recounted establishing the first sleep program in his native South Africa before dedicating 35 years to teaching at the University of Toronto. His career has been consumed by understanding the complexities of sleep and its impact on human behaviour.
Roper anticipates presenting evidence suggesting multiple occasions where the complainant initiated sexual contact with the accused while he was asleep, then awoke him during the act. This evidence, if accepted, could dramatically alter the narrative of the alleged assault.
The Crown prosecutor, Kenna Morris, is challenging Shapiro’s expertise and intends to present her own expert witness, psychologist Dr. Mark Pressman, to offer a counter-assessment of the sleep-related issues at play.
A hearing to determine the admissibility of the expert testimony is expected to continue throughout the week. The actual trial, where evidence will be formally presented, isn’t anticipated to begin until June, leaving a cloud of uncertainty hanging over the case.
