Man Cleared Of Assault Because of 'Sexsomnia'
Posted: Tue Dec 06, 2005 7:09 pm
The Canadian province of Ontario plans to review a court decision that cleared a man of sexual assault charges after a judge ruled he was asleep during the attack — a disorder known as 'sexsomnia'.
Jan Luedecke, 33, was cleared of sexual assault charges on Tuesday because he said he was asleep during the attack. A sleep expert testified that Luedecke suffers from a disorder that causes sexsomnia -- involuntary sexual behaviour during sleep -- which he had apparently experienced before.
The court heard that Luedecke and the female victim met at a party. She testified she fell asleep and woke up to find Luedecke having sex with her. She pushed him away and called the police.
Luedecke confessed to police after he discovered he was still wearing a condom and realised he had sex.
The woman left the courtroom in tears when the verdict was read, and said she would take the case to the highest court possible. The Attorney General's Office which oversees the province's prosecutions, said on Thursday it needs to research its options for an appeal because of the strange circumstances of the case.
The judgement has outraged local women's groups. "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, spokesperson for one such group dealing with sexual assault.
Jan Luedecke, 33, was cleared of sexual assault charges on Tuesday because he said he was asleep during the attack. A sleep expert testified that Luedecke suffers from a disorder that causes sexsomnia -- involuntary sexual behaviour during sleep -- which he had apparently experienced before.
The court heard that Luedecke and the female victim met at a party. She testified she fell asleep and woke up to find Luedecke having sex with her. She pushed him away and called the police.
Luedecke confessed to police after he discovered he was still wearing a condom and realised he had sex.
The woman left the courtroom in tears when the verdict was read, and said she would take the case to the highest court possible. The Attorney General's Office which oversees the province's prosecutions, said on Thursday it needs to research its options for an appeal because of the strange circumstances of the case.
The judgement has outraged local women's groups. "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, spokesperson for one such group dealing with sexual assault.
