Man who used ‘sexsomnia’ as defence for sexual assault ordered to pay victim $200K

A file photo shows a statue inside the B.C. Supreme Court in Vancouver, B.C.

Warning: Graphic content

A man who was convicted of sexual assault after unsuccessfully arguing he suffered from “sexsomnia” has been ordered to pay the victim more than $200,000 in damages, according to a recent court decision in a B.C. civil case.

Karl Richard Antonius, a former mining executive, was found guilty of one count of sexual assault in 2020 after a judge considered and rejected the argument his actions were involuntary.

Initially, he denied ever having sexual intercourse with the woman and accused her of lying about being assaulted in order to extort money from him—even in the face of DNA evidence retrieved during a sexual assault exam, the court heard during his trial.

But as the case proceeded, Antonius told the court he came to a different conclusion.

“He said he thought that maybe she had dreamed that the sex had occurred so he began researching this possibility and this led him to an article about sexsomnia and sleep eating. He said he knew about sleep eating, but had never heard of sexsomnia before. He learned more about sexsomnia and how it was ‘lumped together’ with ‘sleep eating, insomnia and all of the other things that I can identify with,” the conviction decision said.

“As a result of what he has learned about sexsomnia, he now accepts that he did have sexual intercourse with (the woman) He said that he feels terrible for her, terrible for himself, but especially for her.”

The judge found Antonius’ evidence was not credible on the whole and dismissed the argument he should not be held criminally responsible for his actions. He was sentenced to two years less a day in jail.

‘Shadow of her former self’

The woman, whose identity is protected by a publication ban, sued Antonius for sexual battery and the decision in that case was published online Tuesday.

Justice Warren B. Milman noted the burden of proof required for a criminal conviction is more onerous than the standard in civil cases, and that a guilty verdict therefore was enough to establish Antonius’ liability. The judge also said Antonius has not filed any responses with the court, leading to a default judgment in the woman’s favour.

The sexual assault occurred in 2015 in Antonius’ suite at the Fairmont Pacific Rim.

“Before the victim fell asleep, the offender made several attempts to initiate sexual activity with her which she clearly rebuffed. After she fell asleep, the offender undressed her from the waist down and had unprotected sexual intercourse with her,” Millman’s decision said, quoting the sentencing judge.

The woman described the impact of the sexual assault in an affidavit submitted to the court in the civil case including the fear she had about pregnancy and sexually transmitted infection in its aftermath, the stress of undergoing “invasive” medical exams, and the flashbacks and nightmares she experienced.

Despite counselling, the woman told the court she continues to struggle 11 years later.

“She describes herself as a ‘shadow of her former self.’ She struggles to maintain friendships and close family relationships. She finds it difficult to forge new relationships. She has lost trust in people, especially men. She has lost interest in dating and worries that she will now be unable to find a life partner,” the judge wrote.

“She struggles with feelings of guilt and self-loathing even though she knows that she was not responsible for what occurred…Her world has become much smaller because she is reluctant to venture from her safe haven at home. Her view is that the defendant robbed her of her safety and sense of self.”

The court also reviewed affidavits from the woman’s mother and her psychologist, finding the impacts described by all three were “attributable” to Antonius’ conduct “making the defendant liable to compensate the plaintiff for her associated losses.”

The woman was awarded $200,000 in non-pecuniary damages, which are—broadly speaking—damages for pain and suffering. The woman was also awarded roughly $10,000 for counselling expenses.

The woman sought $50,000 in punitive damages, which the judge declined to award on the basis that such damages are rarely awarded out in cases where someone has already been sentenced criminally.

“I see no reason for me to conclude now that the punishment (the judge) imposed was less than adequate,” Milman wrote.

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• Call 911 if you are in immediate danger or fear for your safety.
• The Canadian Association of Sexual Assault Centres' website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling.
• The Ending Violence Association of Canada‘s website has links to helplines, support services and locations across Canada that offer sexual assault kits.
• Indian Residential School Survivors Society crisis lines: [phone] or [phone] (24/7)
• Toronto Rape Crisis Centre crisis line: [phone] (24/7)
• Canadian Human Trafficking Hotline: [phone] (24/7)
• Trans Lifeline: [phone]
• Suicide Crisis Helpline: call or text 988 (24/7)
• Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: [phone]
• Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.