Man who claimed he was asleep jailed for sexual assault
It happened in 2021
A man, who claimed he was asleep when he sexually assaulted a woman at her home in Bristol, has been jailed for four and a half years, at Bristol Crown Court today.
Mark Whyte, 57, was convicted, by a jury, of assault by penetration and sexual assault, at a trial in May.
Whyte was staying overnight at the victim’s house, in September 2021, when he sexually assaulted her, as she slept on the sofa. When the woman and her husband awoke and realised what was happening, Whyte fled.
Anita Hudson, of the Crown Prosecution Service, said: “Whyte denied sexually assaulting the victim, claiming that if the assault had happened, he must have been asleep at the time and was therefore unaware of his actions.
“The CPS robustly challenged the defence case, successfully arguing that Whyte did assault the victim and that he was awake and fully-aware when he did so, making him criminally responsible for his deliberate actions that night.
"We will challenge any attempt to misuse a defence of ‘sexsomnia’, to evade responsibility for sexual abuse or rape.
“I would like to commend the victim-survivor in this case for supporting this prosecution and for her patience and resilience throughout the legal process.”