Convicted man in sexsomnia case files 3rd appeal

A Brockville, Ont., man twice convicted of sexually assaulting Bekah D'Aoust at a house party in 2011 is attempting another appeal, this time in Superior Court.

Following an initial Ontario Court trial in 2012, an unsuccessful appeal and then a successful appeal, a second trial found Ryan Hartman pulled down D'Aoust's pants and anally penetrated her while she was asleep on an air mattress at a house party in Spencerville, Ont.

During the second trial, Hartman's defence tried to argue it was a case of "sexsomnia" — that he'd been asleep at the time of the assault and was unaware of what he was doing.

A judge rejected that defence and found Hartman guilty in November, but he launched another challenge in January ahead of his sentencing, arguing his right to a trial in a reasonable time frame had been violated.

Sentenced to 1 year in jail

Last week, Ontario Court Justice Kimberly Moore rejected Hartman's Jordan application and sentenced Hartman to spend one year in jail and three more on probation.

Now, Hartman's appeal lawyer, Chris Sewrattan, has filed an appeal of Moore's decision to convict Hartman, as well as her decision to reject the Jordan application.

"We believe that there were a number of errors in the trial and we trust the appeal court to correct this. We are seeking a stay of proceedings," Sewrattan wrote in an emailed statement.

A hearing has been set for April 2 in Brockville Superior Court.

'Very, very frustrated'

D'Aoust said she knew another appeal could happen, "but it still didn't prevent me from feeling shocked and very, very frustrated" when she found out, she told CBC Radio's Ottawa Morning on Thursday.

"Last [week] I did feel closure and I felt this was finally done, but within 24 hours I got a phone call saying it was being appealed again."

But while she's upset about the possibility of having to testify again, she's also encouraged by the support she said she's received since she lifted the publication ban that protected her identity and went public with her story.

"I think it was important for victims to relate to me as a person, and having my identity revealed was, I think, important to other victims. To see someone who has struggled and who has overcome and who is still struggling ... and maybe give them strength through my story, and see that they can make it through, too," she said.

"I feel like I've lived alone, in a sense, and kind of in the shadows, hiding from what's happened to me. And if this were 20 years ago, I doubt I'd get the same reaction that I'm getting now."