A convicted rapist has been given the green light to argue his sexsomnia case before the Supreme Court

Damin Peter Cook is currently behind bars, after a Christchurch jury rejected he was asleep or unconscious at the time of the offending in 2019.

Open Justice reports Cook argues he has no memory of the incident because he suffers sexsomnia, a type of parasomnia or movement disorder that occurs during sleep.

He unsuccessfully appealed both his conviction and sentence, but will now be allowed to go to the Supreme Court - a court of last resort - to have them overturned.

A date has yet to be set.