Student blamed ‘sexsomnia’ after victim woke up to find him raping her in bed

A student who blamed “sexsomnia” for the sexual assault of two fellow students has been sentenced to 10 years in prison

Luke Fox, from Southport, was told by the judge his first victim was “very vulnerable” due to her drunkenness and when he woke up he found he was raping her. Judge Michael Auty KC also highlighted how the second victim, who was attacked almost a year later, was moved to tears on the witness stand as she recounted her horrific experience during the trial

In handing down the sentence, Judge Auty noted the severe trauma inflicted on the victims, noting: “What you did to these two was extremely traumatic and whatever the consequences may be for you today, they will be (the first victim ) hit much harder.” She will find it extremely difficult to put this behind her and instead learn to live with it rather than forget it.

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“Everyone recognizes that the sentences in this case must be consecutive, but you demonstrated dignity in your pre-sentence report by recognizing the terrible impact your behavior has likely caused on these two.”

In a snap verdict following a nearly two-week trial at Nottingham Crown Court earlier this year, the jury convicted Luke Fox of rape and assault against two women. A victim has told of the harrowing experience of waking up after a party at Nottingham Trent University’s Clifton campus to find Fox attacking her, reports NottinghamshireLive.

She testified that she “frozen in fear” as Fox raped her while she lay on a bed and was only able to escape when he fell asleep. Less than a year later, the second victim awoke to find the defendant “spooning” her with his hands in her underwear.

She described him as being “in a trance” with his eyes open, but when she asked what he was doing, he took his hands out of her underwear, said he was sorry, and left the room, leaving his victim in tears back.

Speaking at the start of the trial in late February, Andrew Fitch-Holland, prosecuting, said the first incident – the rape – occurred at NTU’s Clifton campus when Fox and the victim were both students. He said: “There was a party and after it ended she and the defendant ended up in a bedroom.”

“She fell asleep and remembered being woken up by the feeling of someone touching her leg and lower back. She pretended to yawn, sat up, and concluded that it was Luke Fox, still sitting on the floor, petting her.

“(She) decided it was best not to make a scene, hoping that would be an end to this unwanted contact, and went back to sleep. But that wasn’t the end of it, as (she) describes it. She woke up after being penetrated and in her words “she woke up to him raping me”.

Mr Fitch-Holland said the second incident occurred outside Nottingham when the victim told police she woke up after an evening of drinking to find the defendant with his hands in her underwear. He said: “She said she turned to the defendant and asked him repeatedly: ‘What are you doing?’ and asked him to stop.

“(She) said Fox asked to speak to her earlier in the afternoon. He was very upset and very apologetic for his previous behavior.

“The defendant then went on to tell her that he believed he was suffering from ‘sexsomnia’ and gave an explanation of what he thought this condition meant – namely, that he could engage in sexual activity in his sleep, something he had no knowledge of or control over.” had.

Mr Fitch-Holland said both victims had spoken to each other and were initially prepared to accept Fox’s explanation of the condition he was said to be suffering from. He said: “But some time later both women became aware of a further complaint against the defendant when another student alleged that the defendant had coerced her with intimate photographs taken without her consent.”

“At this time, and in support of this other student, both women decided to contact university authorities and express their concerns regarding this defendant’s conduct. This ultimately led to the complainants contacting the police and the defendant was subsequently arrested.”

The prosecutor said: “In his police interview the defendant stated that he believed he was suffering from sexsomnia. He told police that it was effectively self-diagnosis and that although he said he had done extensive online research on the condition, he had not sought out an experienced doctor or other practitioner.

“He told police that based on his research he believed alcohol and some recreational drugs could be causing the condition. If the alleged sexual activity occurred contrary to his belief, it must be due to sexsomnia.”

In a statement, the rape victim said she now suffers from “trust issues” because of what happened to her. She said: “I panic when people come too close to me when I go out.”

And in her statement, the sexual assault victim said: “What you did to me is unforgivable. I never thought I’d have to take a break from university, I thought I’d be stronger than that, but this messed me up.” “

Fiona McNeill, mitigating, said her client, who has no previous convictions, had provided a number of “extremely telling” character references. She said: “He has shown a degree of insight and he is very aware of the implications and fully accepts the inevitable verdict.”

“He is actually someone who can be described as having a positive, good character. He is clearly a well-liked and respected member of his family.”

As well as the prison sentence, Fox, of Hesketh Road, Southport, was placed on the sex offenders register for life.

In a statement released when Fox was found guilty, a spokesman for Nottingham Trent University said: “We oppose all forms of sexual violence and harassment and want everyone in the NTU community to always feel safe and secure here feels. Where incidents are reported to us. “We investigate promptly, support those involved and take decisive action.”

“We have a program of year-round initiatives, including our Respect and Consent campaign, run in conjunction with the Students’ Union, where we provide a range of guidance and advice and set out the behavioral expectations for our community. We have a consent training program for all freshmen, basic staff training in the event a student discloses an incident of sexual violence, and sexual violence liaison officers trained to provide technical support to students.”

“We will continue to work with our student union and our student and colleague networks on additional measures to ensure our university is a safe place to learn and work.”