TORONTO, March 3 (UPI) -- The Ontario Court of Appeal has been asked to consider whether a woman agreed to sex or was deceived by her occasional lover's twin in a sexual assault case.
The hearing is to determine whether a new trial should be granted and the court was asked to consider arguments about whether the woman consented to intercourse or whether she was duped by her friend's twin brother into having sex, The Globe and Mail in Toronto reported Wednesday.
The woman said she was a friend and occasional sexual partner of the brother of the accused. She said she attended a party at her friend's apartment in 2006, consumed nearly a bottle of wine and went into her friend's bedroom to sleep.
Prosecutors claimed the accused acted recklessly as he entered the dark bedroom and said little as he had sex with the woman.
The defense said the woman flirted with the accused -- who also was tired and went to bedroom to go to sleep -- and should have been able to notice the physical differences between him and his brother.
In 2008, an Ontario Superior Court judge found the man guilty and sentenced him to six months in prison, saying the man should have done more to make his identity known, the newspaper said.
Instead, the man "chose to play it as close to the line as possible in an attempt to ensure that sex, in fact, would take place," the judge said.
In its appeal, the defense argued the man didn't act in a fraudulent manner because he "believed that the complainant knew who he was."