Opening statements were made Tuesday in the trial of Robert Puga, who is accused of sexually assaulting a young woman on New Year’s Eve in Williams.
Puga, 31, was charged with felony sexual assault for knowingly making verbal sexual contact with a victim without her consent.
Puga’s attorney said his defense in establishing that case would depend on the testimony of a clinical psychologist who had evaluated the defendant and determined that he was suffering from a sleep disorder known as sexsomnia or sleep sex.
In a scathing opening statement in Coconino County Superior Court, prosecutors filed their case, saying that Puga assaulted the victim in his sleep and that he had a history of similar behavior.
As the case progresses, the state plans to call witnesses who allege that the defendant was assaulted in his sleep and was unable to give consent.
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Although the literature on sexsomnia is limited, it is clinically defined as parasomnia, a form of sleepwalking accompanied by abnormal sexual behavior.
The alleged crime occurred between New Year’s Eve and New Year’s Day 2020. Victim and Puga know each other, and he had been on two dates the previous fall. The two were communicating using a multimedia instant messaging app.
The alleged victim, who was in her early 20s, was the first witness to testify on Tuesday. , explained that they had a lunch date at Williams.
She testified that she told the defendant via a messaging app that she didn’t want to date her. So she blocked his account.
The next time the two met was December 31, 2019. The alleged victim told jurors she attended a house party and visited Williams’ bar before returning to a friend’s house. That being said, we eventually broke up.
Opening statements and testimony established that the victim, defendant, and many witnesses were drinking and celebrating that night.
The alleged victim testified that she returned to her friend’s house and fell asleep on the sofa on the second floor. In her opening statement it was established that the defendant arrived at the same house as a group of uninvited guests to continue her downstairs socializing.
According to her testimony, the alleged victim woke up to find Puga attempting to perform oral sex with her while she slept on her friend’s couch.
In the defense’s initial statement, Puga’s attorneys said their team would establish that the defendant had even gone upstairs to sleep before the suspect’s crimes occurred.
The court has enacted rules to exclude witnesses in this trial. This means that each witness is only allowed to give testimony in court. They are not in the gallery while others testify.
Due to bad weather on Wednesday, the trial was scheduled to start today as prosecutors continue to build their case.
Sierra Ferguson can be reached at sierra.ferguson@lee.net.
