Crime - Sacto 911

Man who claimed to suffer from ‘sexsomnia’ sentenced in Davis rape

A man who claimed to suffer from “sexsomnia” has been sentenced to prison for raping his roommate’s teenage friend at a Davis apartment in 2013.

Following a court trial before Yolo County Superior Court Judge David Reed, Najee A’Ve, a Detroit resident, was found guilty in September of two felonies, including rape of an unconscious person and penetration with a foreign object of a person younger than 18. On Wednesday, Judge Reed sentenced A’Ve to 44 months in state prison, according to a Yolo County District Attorney’s Office news release.

The crime was committed Aug. 2, 2013, when A’Ve was living in Davis. He was taking summer school classes and was applying to UC Davis, according to the news release.

A’Ve had been out drinking and returned to the apartment heavily intoxicated, prosecutors said. A 17-year-old girl, a family friend of one of A’Ve’s roommates, was staying at the apartment and sleeping on the downstairs couch. She awoke to find A’Ve raping her, the news release said.

A’Ve admitted to getting drunk and said he did not remember anything after getting home that night. He also admitted to prior instances when he got drunk and did not recall what he had done while intoxicated. Defense attorneys argued that A’Ve suffered from “sexsomnia,” a type of parasomnia or sleep-walking state in which a person engages in sex while asleep, according to the news release.

The judge rejected the “sexsomnia” defense but found A’Ve not guilty of assault with intent to commit a sex crime on a minor.

Judge Reed found that A’Ve was not suitable for probation, in part because he continued to drink despite his criminal conduct when drunk, the news release said. Following his release from prison, A’Ve will be required to register as a sex offender.

Cathy Locke: 916-321-5287, @lockecathy