Major update on rapist 'sexsomnia' solder leaves victims horrified
Joseph Short, who was jailed in May 2016, will still be subject to restrictions and monitoring after his release this week - but victims fear he could now seek revenge
Victims of a former soldier who claimed to have been asleep when he raped or sexually assaulted them are distraught that he is to be released two years early.
Joseph Short, 39, told a court he had a condition called âsexsomniaâ, a disorder said to involve engaging in sexual activity while asleep. It has featured as a defence in a number of rape trials, although some experts question whether it is a genuine condition â arguing that with other sleep disorders such as sleepwalking, people tend not to sleep through violent encounters and loud noises.
Short had claimed to have remained asleep while pursuing one of his victims on a bicycle, and in spite of the level of violence he used and the noise from falling furniture in the struggle. He was jailed in May 2016 for 11 years, with four further years on licence, after being found guilty of two rapes and one attempted rape.
Short is set for release (
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Sunday Mail)
Sleep disorder specialist Prof Colin Espie said he believed Short had sexsomnia (
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Daily Record)
Jurors at his trial at Birmingham Crown Court were unaware he had been acquitted at Hull Crown Court in 2011 on two charges of rape against one woman, or that another rape charge had been dropped in Scotland in 2014. In both cases he used sexsomnia as his defence.
Short will still be subject to restrictions and monitoring after his release this week. But victims fear he could now seek revenge â and feel there is no evidence that he has ever shown remorse.
One said: âHeâll be under supervision for another four years, but heâs incredibly deceitful and has a huge sense of entitlement. Heâs been in prison for more than nine years, presumably with no contact with women. How do they know he has changed?â
Shortâs defence at his 2016 trial included the claim that he had been asleep while chasing one victim on a bicycle after she managed to flee from his home in Shrewsbury, Shrops. At the time he sexually assaulted her, he was already on bail accused of twice raping another woman.
The court heard that, in one rape, Short throttled the woman to the point where she could not breathe, leaving her fearing for her life. It emerged at the time of his trial that Short had served in conflicts including Afghanistan, as a platoon sergeant in the Armyâs Rifles regiment.
He was said to have been diagnosed with PTSD after being injured in an explosion that killed a close friend. The Parole Board report notes his engagement with prison courses to tackle his traumas, alcohol use, and his sense of entitlement to sex, which had led to âviolence and abusive behaviourâ.
No reference is made to Shortâs attempts to claim he had been asleep during the attacks, or of one being carried out while he was on bail. The report notes âhis improved emotional control, his positive behaviour in custody, and the support of family membersâ, adding he would have to live in a designated place with strict limits on his activities.
Victims fear Short could now seek revenge (
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Getty Images)
It says: âThe panel concluded this [release] plan was robust enough to manage Mr Short in the community at this stage.â Shortâs 2011 trial, at which he was cleared on two counts of rape, was not told he had also been charged with raping a woman in Scotland earlier that year. Those charges were dropped by the Crown Office, which handles cases in Scotland, despite photographic evidence of the womanâs injuries.
They acted after sexsomnia expert Prof Colin Espie, a sleep disorder specialist at Oxford University, said he believed Short had the condition. Prof Espie was also asked to give a report for Shortâs 2016 trial in Birmingham, with the defence introducing it in cross-examination.
But the Crown ÂProsecution Service produced evidence to dismiss claims he could have been asleep during the attacks in that case. Prof Espie was not called as a witness, but the judge referred to his report â in which he stood by his sexsomnia diagnosis.
However, Prof Espie still concluded that Short was a danger to women, as he had ignored advice he had given him on how to avoid harming those he encountered. After seeing his sexsomnia defence undermined, Short tried to plead insanity. The Crown called expert witnesses who dismissed that claim.
Short was convicted of raping a woman twice in Essex in 2014 and of the sexual assault in Shrewsbury in 2015. His victims have chosen to remain anonyÂmous, fearing he may try to harm them.
One told us: âI really hope Joseph Short is rehabilitating and, once his original sentence has been served, I wish him a peaceful and healthy life. I would hope he would have gained the help and support to understand his past and get on with his life.â
But she added: âI live with trauma that affects me every day. I have sleep anxiety and panic attacks. This all started after he raped me. When Iâm sleeping and my partner moves, the covers feel like nails against my skin. Iâm scared to be on my own at home, Iâm scared walking in the evening. He has served less than 10 years. My sentence is life.â
Another victim added: âWhat I found hardest to deal with after he raped me was his suggestion that he had been asleep all the time. I expected it to be laughed out of court. I fought back when he attacked me, I looked into his eyes. And I know he was not asleep.â
The Parole Board said: âDecisions are solely focused on what risk a prisoner could represent. Protecting the public is our number one priority.â The Ministry of Justice said: âOffenders released on licence are subject to strict supervision and conditions for the remainder of their sentence and can be recalled to prison if they break them.â Prof Espie was asked for comment.