Sexsomnia Expert Testifies in Sexual Assault Case | Sleep Disorder Defence

A Calgary man facing a sexual assault charge is mounting a defence centred around the newly-defined condition of “sexsomnia,” with his lawyer seeking to qualify University of Toronto professor Dr. Colin Shapiro as an expert witness in the case.

Defence counsel David Roper told Justice Jim Eamon on Monday that he intends to present evidence of prior consensual sexual activity between his client and the complainant – evidence typically inadmissible in court – arguing it is relevant due to the alleged sleep disorder. Roper stated there were “prior instances of sleep-related sex that took place,” according to reporting from Postmedia.

Dr. Shapiro, a professor at the University of Toronto for 35 years, testified that he “coined the term sexsomnia,” a parasomnia involving sexual behaviours during sleep. He described sleepwalking as another example of a parasomnia, and noted that individuals can perform complex actions while asleep, including driving and engaging in sexual activity. Shapiro previously established the first sleep program in South Africa before relocating to Canada.

The 26-year-old accused has pleaded not guilty to a charge of sexual assault dating back to January 2, 2023. A publication ban prevents the naming of the complainant, and the accused.

Crown prosecutor Kenna Morris is challenging Shapiro’s expertise, and is expected to call her own expert witness, psychologist Dr. Mark Pressman, to address sleep-related issues in the case.

The hearing to determine the admissibility of expert testimony is scheduled to continue throughout the week, with the trial itself not expected to begin until June.