... hard to believe, but true ....
dawn Canadians
Quote:
'Sexsomnia' defence gets Canadian off charges
02 December 2005
TORONTO: The Canadian province of Ontario plans to review a court decision that acquitted a man of sexual assault charges because he suffers from "sexsomnia" and was asleep at the time of the incident.
The Office of the Attorney General, which oversees the province's prosecutions, said on Thursday it needs to research its options for an appeal because of the strange circumstances of the case.
"This matter will be carefully considered to determine our next steps," said Brendan Crawley, a spokesman for the Attorney General.
Jan Luedecke, 33, was acquitted of sexual assault charges on Tuesday because he said he was asleep during the attack.
A sleep expert testified that Luedecke suffers from a disorder that causes sexsomnia - involuntary sexual behaviour during sleep - which he had experienced before.
The court heard that Luedecke and the female victim met at a party. She testified she fell asleep and woke up to find Luedecke having sex with her. She pushed him away and called the police.
Luedecke confessed to police after he discovered he was still wearing a condom and realised he had had sex.
Canadian media reported that the victim left the courtroom in tears when the verdict was read, and said she would take the case to the highest court possible.
The Crown has 30 days to present its appeal.
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No really ... this is pretty fucked up...
Makes me go huuuuummmmm tough :
Would this defence work for a major bank robbery ( banksomnia ) ????