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Judges overturn 'sexsomnia' acquittal

Oct. 20, 2008 at 9:00 AM

TORONTO, Oct. 20 (UPI) -- A Canadian appeals court in Toronto has overturned the acquittal of a man who claimed he was asleep while having sex with a woman five years ago.

In a decision released Sunday, the three-judge Ontario Court of Appeal ordered a new trial for Jan Luedecke, whose defense lawyer coined the term "sexsomnia" in his original trial, the Toronto Star reported.

Luedecke was charged with sexual assault after a woman complained she awoke on a couch at a house party with Luedecke on top of her. She said when she screamed, he stopped and appeared dazed.

Luedecke was acquitted in November 2005 after court heard he hadn't slept in 20 hours, and had been drinking heavily that night when he laid down on the couch near the woman, who was already asleep.

In overturning the acquittal, Justice David Doherty said a new trial was necessary to determine if Luedecke should face a review board to determine if he should be hospitalized, treated in the community or released without conditions if found to no longer pose a risk, the Star said.

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