In the ongoing trial of Marius Borg Høiby, who faces charges of four sleep-related rapes, a significant point of contention has arisen around the states of consciousness of the alleged victims during these incidents. Høiby denies guilt, claiming that the encounters were consensual, whereas the women involved contest that they were unable to resist due to being asleep. This dichotomy of narratives centralizes the legal debate on consent, particularly given the nature of the alleged crimes.

The prosecution has called upon Professor Ståle Pallesen, a sleep expert, to provide testimony that could shed light on whether the women were indeed incapacitated during the alleged assaults. During his second appearance in court, Pallesen discussed the sleep phases of one of the victims from Lofoten, emphasizing the complexity of determining consciousness during such intimate encounters. Both parties admit to having consensual sex earlier that night, but they diverge dramatically in recounting what occurred subsequently, leading to crucial questions about the nature of consent and the women's ability to resist.

Additionally, data from a Garmin pulse watch worn by the victim on the night of the alleged assaults plays a pivotal role in the prosecution's evidence. The information collected from the device could potentially aid in reconstructing the events of that night, illustrating fluctuations in the victim’s heart rate and sleep patterns. The implications of this case might extend beyond the individuals involved, potentially influencing future legal standards regarding consent and the evidentiary weight of technology in sexual assault cases, a topic that is growing in relevance in contemporary legal discourse.