A STUDENT has been cleared of rape after arguing he was “sleepwalking” when the crime allegedly took place.

Maximillian Hessel was found not guilty yesterday and walked free from Oxford Crown Court following an eight-day trial.

The 22-year-old was on a placement from his native Germany at the BMW plant in Cowley, Oxford, when he was arrested on suspicion of rape.

It was alleged that he carried out the crime in June last year in the early hours of the morning after drinking heavily and smoking cannabis.

But the jury took decided he was innocent of the charge and afterwards Mr Hessel said he was “very glad” of the outcome.

Speaking outside the courtroom, he said he would be returning to Germany with his father and brother, and added: “We made it. I’ve had some really great support.”

Taking the stand at the end of last week, the mechanical engineering student said he simply couldn’t remember what had happened on the night in question.

He told the court he woke up at around 5am with a woman shouting at him and must have been asleep when any sexual contact had taken place.

Afterwards he said he was “shocked” to hear the woman’s account of what had happened – that she had woken up with him on top of her.

He said: “I couldn’t believe it, my brain was really messed up and she was really distraught.

“I was shocked that she was saying I had caused her to feel like that.

“I felt guilty.”

The jury heard from witnesses that upon being told the allegation Mr Hessel, previously of Peat Moors, Headington, Oxford, was immediately sick into a sink.

Prosecution barrister Sarah Gaunt said forensic evidence showed that sexual contact had taken place.

Jeannie Mackie, defending, said, part of Mr Hessel’s defence was that he fell asleep and any sex took place while he was in a state of “automatism”. But on Monday Judge Gordon Risius told the jury that, for legal reasons, that defence could not be used.

Miss Gaunt said in her closing speech that this meant evidence of “sleepwalking” or the medical condition known as “sexomnia” was no longer part of the case.

In her speech, Miss Mackie reminded the jury of the testimony of witnesses who said her client was “the last person in the world” they would expect to commit rape.

She said Hessel had never been in any kind of trouble before and added: “You can look at Max Hessel’s character with a good deal of admiration.

“You could think he is exceptional, because of the things the witnesses have said about him.”

After the verdict was read out, Judge Gordon Risius said despite the outcome the case had been “properly brought” by the Crown Prosecution Service.