facebook
twitter
rss
account
search
search
 

Court upholds 'sexsomnia' rape defense

Feb. 8, 2008 at 8:41 AM   |   Comments

TORONTO, Feb. 8 (UPI) -- An Ontario appeals court upheld the acquittal of a Toronto man charged with sexual assault while drunk and half-asleep.

The three-judge panel said medical testimony corroborated the defense of Jan Luedecke, 35, although the judges said they might still mandate him to appear before a provincial mental health review board, the National Post reported.

Luedecke was acquitted in November 2005 on grounds of "non-insane automatism," or what became known in legal circles as "sexsomnia."

Luedecke testified he had been drinking heavily for two days when the incident occurred at a Toronto house party in 2003.

The name of the woman who filed charges cannot be published but she testified she and Luedecke were sleeping foot-to-foot on an L-shaped sofa. She awoke to find him on top of her but said he appeared very confused when she pushed him away, the report said.

Ludecke testified he had previously had similar experiences with girlfriends and said the triggers were usually sleep deprivation, stress and alcohol, the newspaper said.

© 2008 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.
Most Popular
1
Russia prepares militarization of Arctic Russia prepares militarization of Arctic
2
Freedom variant LCS takes to water Freedom variant LCS takes to water
3
New Pa. law aimed at Mumia Abu-Jamal allows lawsuits against inmates New Pa. law aimed at Mumia Abu-Jamal allows lawsuits against inmates
4
Toyota, Honda, Mazda, BMW, Nissan and GM all affected by defective airbag recall Toyota, Honda, Mazda, BMW, Nissan and GM all affected by defective airbag recall
5
79-year-old woman survives in desert for 5 days 79-year-old woman survives in desert for 5 days
Trending News
Around the Web
x
Feedback