Student rapist claimed attacks were the result of ‘sexsomnia’
HE TOLD HIS VICTIMS THAT HE COMMITTED THE OFFENCES IN HIS SLEEP
A STUDENT at Nottingham Trent University who claimed he suffered from “sexsomnia” raped a fellow student and carried out a sex attack on a second.
Following a near-two week trial at Nottingham Crown Court, a jury took a matter of hours to find Luke Fox guilty of rape and assault by penetration against the two victims, one of whom he abused following a party on the university’s Clifton campus.
That victim told the court how she woke to find the 24-year-old raping her as she lay on a bed. She said she “froze through fear” and waited until he fell asleep before making her escape.
Less than a year later, the second victim woke to discover the defendant “spooning” her with his hands inside her underwear. She described him appearing as if he “was in a trance” with his eyes open but when she asked what he was doing he took his hands out of her underwear, said that he was sorry and left.
Adjourning the sentencing hearing until April 26, Judge Michael Auty KC said: “Having been convicted of these offences the sentence you will receive is inevitable – a lengthy sentence of imprisonment. Given your good character and given that you have attended throughout (the trial) I am prepared to extend your bail so you can put your affairs in order and speak to your family.
“I am ordering a pre-sentence report to look at one aspect only, and that is whether you present a danger to women.”
Andrew Fitch-holland, prosecuting, said the first incident – the rape – happened at NTU ’s Clifton campus when Fox and that victim were both students. He said: “There was a party and after it wound down she and the defendant ended up in a bedroom. She fell asleep and recalled being awoken by the sensation of someone touching her leg and lower back. Pretending to yawn, (she) she sat up and deduced that it was Luke Fox, still sitting on the floor, who had been stroking her.
“(She) decided that it was best not to create a scene, in the hope that would be an end to this unwanted contact, and she fell back asleep. But that was not the end of the matter, as (she) describes being woken having been penetrated and in her words ‘waking up to him raping me.’”
Mr Fitch-holland said the second incident took place away from Nottingham when that victim told the police that after an evening drinking, she woke up to find the defendant with his hands inside her underwear. He said: “She said that she turned to face the defendant and repeatedly asked of him ‘What are you doing?’ and demanded that he stop. “During the incident, (she) says the defendant appeared as if he ‘was in a trance.’ His eyes were open but otherwise he initially appeared unresponsive when she asked what he was doing, but eventually he took his hands out of her underwear, said that he was ‘sorry’ and left the room. (She) was left in tears by this sexual assault. “(She) said that in the early afternoon, Fox asked to speak with her. He was very upset, and highly apologetic about his previous behaviour. “The defendant then went on to tell (her) that he believed that he suffered from ‘sexsomnia’ and offered some explanation as to what he said such a condition entailed – in effect that whilst in a state of sleep he could engage in sexual activity of which he had no knowledge or indeed control.
“Fox said that he had been involved in an earlier incident with a (third) girl and that he believed that this too could be attributed to ‘sexsomnia.’ It’s right to say that at this point (the second victim) believed the defendant, indeed she had sympathy for him and urged him to seek appropriate help.”
Mr Fitch-holland said both victims spoke to each other and were initially prepared to accept Fox’s explanation of the condition he claimed to suffer from. He said: “But some time later, both women became aware of another complaint against the defendant, when another female student claimed that the defendant was coercing her with intimate photographs taken without her consent. At that point, and in support of this other student, both women decided to contact the university authorities to express concerns as regards this defendant’s conduct. It was this that ultimately led to the complainants contacting the police and the defendant’s subsequent arrest.”
The prosecutor said: “In his police interview, the defendant stated that he believes that he suffers from sexsomnia. He told the police that this was effectively a self-diagnosis and that although he said he had carried out extensive online research into the condition, he had not seen any expert medical or other practitioner.
“He told the police that from his research he believed that alcohol and some recreational drugs could trigger the condition. If the alleged sexual activity did, contrary to his belief, occur, then it must have been in consequence of sexsomnia.”
A Nottingham Trent University spokesperson said: “We stand against all forms of sexual violence and harassment and want everyone in the NTU community to always feel safe and secure here. Where any incidents are reported to us we investigate promptly, support those involved and take decisive action.
“We have a programme of yearround initiatives, including our Respect and Consent campaign – run in partnership with the students’ union – where we provide a range of guidance and advice and set out the expectations of behaviour for our community.
“We have a consent training programme for all first-year students, essential staff training for when a student discloses an incident of sexual violence, and sexual violence liaison officers who are trained to provide students with specialist support.
“We will continue to work with our students’ union and student and colleague networks on additional measures to ensure our university is a safe place to study and work.”
Fox, of Hesketh Road, Southport, Merseyside, will be sentenced next month.
She turned to face the defendant and repeatedly asked of him ‘What are you doing?’. Prosecutor