& # 39; Sleepwalker, 21, entered his friend's bedroom and sexually assaulted the man's girlfriend while falling asleep & # 39 ;, the court heard
- Dale Kelly accused of mistreatment by penetration and trial at York Crown Court
- Allegedly he slept into a friend's room and began to touch his girlfriend
- Kelly claims he was sleeping at the time and believed he was in his own bed
A man was sleeping in his friend's bedroom and tried to have sex with his girlfriend, a court was told.
Dale Kelly, who was reportedly a night out before the incident, stepped into his friend's bed and allegedly sexually assaulted a woman while she slept.
When the 21-year-old touched his alleged victim, she started screaming and screaming for help from her partner, according to Such a.
Kelly claimed he was asleep when he entered the couple's room from the guest room, told York Crown Court.
After he woke up and realized he was in the wrong room, Kelly reportedly said he thought he was in bed with another woman.
Dale Kelly is on trial at York Crown Court (photo) where he denies penetration attack and claims that he slept when he walked into his friend's room and touched his girlfriend
He told the police that he dreamed of lying in bed with a woman when he woke up, according to reports.
York Crown Court, Kelly received an SMS & # 39; you to text his friend & # 39; and just after the incident he & # 39; would never do anything to hurt you & # 39 ;.
He reportedly wrote: & # 39; I still want to wake up and have this in dreamland.
& # 39; I swear, I would never do anything to hurt you or (the alleged victim). I love you. & # 39;
According to British law, a suspect would have an & # 39; actus giant & # 39; or must have committed guilty action to be sentenced.
Therefore, the suspect can be acquitted if it appears that someone has no control over his body at the time of the alleged crime.
In 2009, Brian Thomas, from Neath in South Wales, was released from court after being charged with the murder of his wife Christine while on vacation.
Prosecutors accepted that Thomas had a sleep disorder and therefore had no control over his body when he strangled his 40-year-old wife while they both slept in a caravan.
The charges were withdrawn after three psychiatrists testified that detaining him would have no meaningful purpose and the judge said Thomas was not responsible for his actions.
Kelly denies attack by penetration and the process continues.
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