Assault thrown out -- sleep sex blamed

Published: Nov. 30, 2005 at 7:55 AM

TORONTO, Nov. 30 (UPI) -- A Toronto man has been acquitted of sexual assault charges, as medical officials said he was asleep at the time, with a disorder known as "sexsomnia."

Jan Luedecke, 33, met his victim at a party on July 6, 2003, and both had been drinking, the Toronto Sun reported.

The woman, who can't be named, fell asleep on a couch and said she awoke to find him having sex with her. She pushed him off, then called the police.

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

Sleep expert Dr. Colin Shapiro testified Luedecke had sexsomnia, which is sexual behavior during sleep, brought on by alcohol, sleep deprivation and genetics.

The judgment outraged women's groups, the newspaper said.

"This is infuriating. It's another case of the courts not taking a woman seriously, adding yet another list to the list of excuses which men use for sexual assault," said Suzanne Jay, of the Canadian Association of Sexual Assault Centers.

© 2005 United Press International, Inc. All Rights Reserved.
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