Man cleared of sex assault on young girl after experts tell court he was sleepwalking

Man cleared of sex assault on young girl after experts tell court he was sleepwalking

By DAILY MAIL REPORTER
Last updated at 11:28 AM on 31st December 2008

A man was acquitted of sexually assaulting a young girl after medical experts said he was sleepwalking.

Alan Ball, 35, climbed into bed with the child and kissed her on the lips after drinking heavily at a New Year's Eve house party last year.

But a judge found him not guilty of sexual assault when he heard two experts agreed Mr Ball was sleepwalking at the time and did not know what he was doing.

The former lorry driver today said he lost his job and became a social outcast following the allegations.


Alan Ball was cleared at Preston Crown Court

Fiorella Brereton, prosecuting, told Preston crown court Mr Ball was sleepwalking when he got into bed with the girl, who cannot be named for legal reasons.

She said: 'The defendant slept on a settee downstairs, but went upstairs and eventually got into bed with the child and kissed her on the lips.

'When interviewed, he had no memory of what had happened that evening.'

She said two experts were prepared to investigate Mr Ball's sleepwalking claim because of the serious nature of the alleged sexual offence against the girl.

Miss Brereton added: 'Both experts were of the opinion the defendant would not have known what he was doing.

'He has a history of sleepwalking typical of that type of behaviour of not knowing what he was doing. Sleepwalking is also within the family.

'He had drunk a significant amount of alcohol that night.

'The experts consider because he did not carry out more activity when he got into bed with her, it is more concurrent with sleepwalking and the evidence leads both experts to the opinion he had no intention of abuse.'

The Crown Prosecution Service and the girl's family declined to offer evidence against Mr Ball and Judge Stuart Baker delivered a not guilty verdict to charges of sexual assault against a child under 13.

Father-of-one Mr Ball, of Sephton Drive, Ormskirk, today described the past 12 months as 'hell'.

He said: 'I knew I was innocent, but not a day went by when it went through my head "what if I end up in jail for something I have not done?"

'Even when I went round to friends' houses where there were young kids, you wonder whether it goes through their minds.

'Were people looking at me in the swimming baths and thinking "is he looking at my daughter?".'

While facing the charges, Mr Ball was only able to see his five-year-old daughter during supervised visits.

He added: 'I used to take her swimming and to the fairground at Southport, and not being able to tell her why I could not . . . sometimes I had to ignore her phone calls.

'Not being able to have my child was like a 12-month sentence and it is over now.'

Source: http://www.dailymail.co.uk/news/article-1103505/Man-cleared-sex-assault-young-girl-experts-tell-court-sleepwalking.html