Retrospective use of rapist's DNA 12 Jun 2006

Convicted rapist said he was sleepwalking
May 26, 2006 - 6:58PM  AAP

A man who claimed he was sleepwalking when he had sex with a woman has been convicted of rape.

Darryl Kenneth Lotz, 35, a mechanical supervisor of Toowoomba, pleaded not guilty in the Queensland District Court to raping a woman, who cannot be named, as she slept in bed with her boyfriend on September 1, 2002.

Today, a jury of four women and eight men found him guilty after a day's deliberation.

Judge Nick Samios sentenced Lotz to five years jail with no recommendation for early release.

He said he believed Lotz's claim that he had no memory of the rape had more to do with drunkenness than sleepwalking.

"In my opinion, if you have no recall it is only because of self-induced intoxication," Justice Samios said.

"You made a conscious choice to do those acts ..."

The defence had argued Lotz had no idea how he got into the bed.

His counsel called psychiatrists who testified it was possible for sexual activity to occur during sleep and that sleep apnea could trigger it.

Lotz suffered from the sleep disorder, and had once urinated while standing in his sleep, the court was told.

But the prosecution said Lotz had, in an opportunistic way, drunkenly "tried to get lucky".

On the night of the rape, Lotz had been out drinking with a friend and the friend's girlfriend. They were all staying at the friend's house on Brisbane's northside.

Lotz entered the couple's bedroom, climbed in between them in their double bed, and began having sex with the woman from behind, the court was told.

When she heard someone snoring she turned around and realised it was not her boyfriend who was having sex with her.

AAP