A Yolo County judge rejected a man’s “sexsomnia” defense this week, finding the man guilty of raping a high school student at a Davis apartment in 2013.
Najee A’Ve, 24, of Detroit, was found guilty Tuesday of two felonies including rape of an unconscious person and penetration with a foreign object of a person under 18 at his trial before Judge David Reed, Yolo County district attorney’s officials announced Wednesday.
A’Ve was living in Davis at the time of the attack with plans to apply to UC Davis, prosecutors said in a news release. They alleged A’Ve returned to his apartment after a night of heavy drinking and sexually assaulted a 17-year-old girl who was sleeping on the living room sofa.
The girl was able to flee to family members, who called police, prosecutors said.
A’Ve claimed he did not remember anything from that night, and defense attorneys later argued that the man suffered from “sexsomnia,” an unconscious state during which a person has sex while asleep.
A’Ve is being held in Yolo County jail ahead of an Oct. 25 sentencing hearing before Reed. Punishment ranges from probation and a year in county jail to eight years and eight months in prison, according to the DA’s Office.