Man who said he was asleep during sex wins case

Man who said he was asleep during sex wins case

TORONTO - In an unusual case Tuesday in a Toronto courtroom, a 33-year-old man was acquitted of sexual assault after a judge ruled he was asleep during the attack, the Toronto Sun reported Wednesday.

"This is indeed a rare case," said Justice Russell Otter, as the woman who Jan Luedecke had sex with shook, sobbed and then left the courtroom.

"His conduct was not voluntary."
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The woman, who can't be named, said she fears others like her could become victims unless a higher court overrules the decision.

"I believe the floodgates have been opened," she said.

"This isn't the end for me personally. I have the means to pursue this to the highest level. I believe this case has set a precedent."

Luedecke, a landscaper, met the woman at a party on July 6, 2003. Both had been drinking.

The woman had fallen asleep on a couch. She woke up to find him having sex with her. She pushed him off, then contacted the police.

Luedecke said he fell asleep on the same couch and woke up when he was thrown to the floor.

He only suspected he had had sex after using the bathroom and discovering he was wearing a condom, court heard. He confessed to police.

During his trial, sleep expert Dr. Colin Shapiro testified Luedecke had parasomnia - a disorder with symptoms such as sleep-walking. Shapiro testified Luedecke suffered from sexsomnia, which is sexual behavior during sleep.

It was brought on by alcohol, sleep deprivation and genetics, Shapiro said.



Luedecke previously had sex while asleep with four girlfriends, court heard.

News of the successful defence of sexsomnia may spread to others accused of sexual assault, said University of Toronto law professor Hamish Stewart.

"We may hear more forms of this defence from accused persons," he said, adding he has never previously heard of such a case.

Luedecke has cut down on his drinking and is taking medication to stop a repeat of the incident, court heard.