Haparanda District Court sentenced the man to two years imprisonment for the offence which occurred at a house party in an apartment in central Haparanda on April 10th 2009, according to a report in the local Norrbottens Kuriren daily.
Police were able to secure DNA to prove that the man had had sex with the sleeping woman but he claimed no knowledge of the incident, as he was asleep at the time.
The court heard expert witness testimony from Per-Axel Karlsson, a senior physician at the psychiatric clinic in Öjebyn, who argued that it was extremely unlikely that the man would have been able to commit the rape while asleep.
Karlsson argued that as the man’s actions were “complex and goal-orientated” there is no way the man could have been mid-slumber, the newspaper reported.
The man was sentenced against his denials to two years imprisonment and ordered to pay 85,000 kronor ($11,650) in damages to the woman.
The 35-year-old has until September 22nd to appeal the ruling.