That is the man's defense, that she gave her consent while sleepwalking.
Ford's lawyer, Jeff Adams, said prosecutors told him the woman takes prescription medication and has a sleepwalking condition, a fact that will likely be the core part of Ford's defense.The victim was asleep when police responded to the scene, after being summoned by motorists who witnessed the assault. If the police could tell she was sleeping, why couldn't the assailant?
"It goes to consent," he said. "How is he to know she is sleepwalking, if it's a dream 'yes' or a real 'yes?'"