BC man who claimed ‘sexsomnia’ ordered to pay victim $200,000

CONTENT ADVISORY

A BC man who had sex with a woman he was on a date with when she was asleep has been ordered to pay her more than $200,000.

In 2020, Karl Richard Antonius was jailed for two years for raping the woman who later took civil action against him, arguing he should pay her more than $300,000.

In a May 1 BC Supreme Court decision, Justice Warren Milman said the victim described herself as being a “shadow of her former self.”

“She struggles with feelings of guilt and self-loathing even though she knows that she was not responsible for what occurred… 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 Justice said.

“She is no longer in contact with her father, with whom she previously had a close relationship, because she believes he does not appreciate the extent of the harm that the incident has caused her.”

The sexual assault took place in 2015 when the woman, whose name is covered under a court-ordered publication ban, was on a double date with Antonius.

Through circumstances neither of them planned, Antonius and the woman ended up sharing a bed. She rebuffed his attempts at sex, but after she fell asleep, he undressed her from the waist down and had unprotected sex with her.

At the trial, Antonius didn’t deny having sex with the victim, but argued it was a case of “sexsomnia” whereby he was asleep and had no recollection of the events.

He called numerous friends and family members to testify about his sleepwalking over the years, but the judge ultimately rejected the “sexsomnia” defence and convicted him.

The decision said the victim was 28 years old at the time and had a healthy social life and was actively dating. She was described as “lively and energetic” and in a good place in her life.

After being raped, she is no longer the same person.

“She has since been experiencing self-doubt and self-loathing. She has not been able to move forward with her life… (she’s) gone from being optimistic about the world to seeing it as an unfair place,” the decision reads.

Justice Milman said she had misplaced her trust in Antonius, which was an aggravating factor and increased the amount of damages.

“Another important factor that weighs in favour of a higher award is the profound impact of the (Antonius’) conduct on the course of (her) life,” the justice said.

Ultimately, the Justice awarded $200,000 in general damages, including an aggravating component of $50,000, plus $10,600, to cover the cost of past and future counselling sessions.

The decision said Antonius did not take part in the court case.

NOTE TO READERS: If you find yourself or someone you know in need of support please contact VictimLink BC at 1-800-563-0808. VictimLink BC provides information and referrals to all victims, as well as immediate crisis response to victims of sexual and family violence.