It wasn’t a sexual assault — it was sleep sex.
In an unusual case in a Scarborough, Ontario, courtroom, Jan Luedecke was acquitted of sexual assault after a judge ruled he was asleep during the attack — a disorder known as “sexsomnia.”
“This is indeed a rare case … His conduct was not voluntary,” said Justice Russell Otter, as Luedecke’s victim shook, sobbed and then left the courtroom.
The judgment has outraged 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, of the Canadian Association of Sexual Assault Centers.
Luedecke, a 33-year-old landscaper, met his victim at a party on July 6, 2003. Both had been drinking.
The woman, who can’t be named, had fallen asleep on a couch. She woke up to find him having sex with her. She pushed him off, then reported the rape to police.
She didn’t know Luedecke before that night.
Luedecke claimed he fell asleep on the same couch and woke up when he was thrown to the floor.
He only suspected he had had sex after using the bathroom and discovering he was still wearing a condom, court heard. He confessed to police.
During his trial, sleep expert Dr. Colin Shapiro testified Luedecke had parasomnia — a disorder with symptoms such as sleepwalking. Shapiro testified Luedecke suffered from sexsomnia, which is sexual behavior during sleep.
BROUGHT ON BY ALCOHOL
It was brought on, he said, by alcohol, sleep deprivation and genetics.
Luedecke previously had sleep sex with four girlfriends, court heard.
Yesterday’s decision comes after a hearing on whether Luedecke had a mental disease. Had he been found not criminally responsible, he would have had his case reviewed by a mental health board. That could have meant restrictions on his freedom, said University of Toronto law professor Hamish Stewart.
But his disorder doesn’t mean he has a mental disease, Otter ruled. That means he faces no sentence.
News of the success of the sexsomnia defense may give rapists ideas, Stewart said.
“We may hear more forms of this defense from accused persons,” he said, adding he has never previously heard of such a case.
Luedecke has cut down on his drinking and is taking pills to stop a repeat of his crime
So what say you, you Yahooligans, you?
Rape? or Not Rape?
–Ray
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11 comments ↓
doesn’t sound right..
That’s whacked. If he drank alcohol, drove a car, and caused an accident would he say he was “sleep-driving” or “sleep-crashing?”
Women’s groups have every right to be upset!
how do we not know he was the victim here? she may have got what she wanted from him while he was sleeping and after she violated him and finished, then cried rape. many men have been accused of the crime and are actually the victim. sad but true………..
I say rape considering she was asleep when the sex started. Although he was asleep also it is still rape, Sex without consent is rape plain & simple.
Funny. Just plain funny.
How did he manage to get a condom on if he was sleeping? Sorry but i cry bullshit on this sad excuse for a defense
It was rape!
It’s like the insanity plea, if it works…use it!
Hi Raymond
Infuriating as it may seem, this judgment would actually be correct. The key criteria of a crime is intent. If the DA cannot prove that there was intent in his having intercourse, then the case cannot be upheld.
Had the prosecution proven that he was aware of this condition prior to these events then they may have made a case. Failure to take adequete steps to guard against such activity, ie: medication and no alcohol, when one knows one has such a condition is no defence. It would be like my dining on pavlova when I’m a diabetic and then claiming the sugar induced coma was an accident.
Any court case hangs on two elements – what they know and what they can prove within the law. Let’s hope the prosecution pursues this and at lodges an appeal – or that she sues for civil damages.
Peps
I say a very pathetic attempt at rape. Do you usually remember to wear a condom when you have sleep-sex…you know, in case you get someone sleep-pregnant?
I can’t believe someone would actually believe or make a defense out of a man who rapes while he is sleeping. Why don’t we just wipe away all accountability for things we do, and blame it on our state of sleep. Hey, it’s still okay and makes things all better if we “didn’t mean to”. Give me a break.
Both had been drinking at this party, so what sensible female goes to sleep on a couch next to a man ? I do not excuse rape but this girl behaved in a very stupid way .People that sleep walk can do anything that they could do when they were awake like making a sandwich in the middle of the night eating it and even wash up the dish.so this man could have put a condom on while asleep. I think, in this case,the court was correct.
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