Ontario appeals 'sexsomnia' acquittal

TORONTO, Feb. 2 (UPI) -- Ontario prosecutors have filed an appeal against the acquittal of a Toronto man who claimed he was fast asleep when he had sex with a woman.

Prosecutors said in their motion that Judge Russell Otter put too much weight on the evidence of a sleep expert in the case of Jan Luedecke, 33. He was acquitted on Nov. 29 after Otter ruled he was sleeping during the incident in July 2003.

The sleep expert said he had determined from speaking with Luedecke's ex-girlfriend that he had also initiated sex with her in the past while asleep.

The internationally reported case arose out of a disorder known as sexsomnia, in which sufferers behave sexually during sleep, the Toronto Sun said.

Luedecke told police he didn't realize he had had sex with the woman on a couch after drinking heavily at a party until he went to the bathroom and discovered he was wearing a condom.