Man acquitted in sex assault because he was asleep

A judge in Toronto has acquitted a 33-year-old man of sexual assault, accepting evidence he was asleep during the attack.

"His conduct was not voluntary," said Justice Russell Otter in a Toronto Sun report.

The woman in the case cried and left the courtroom upon hearing the acquittal and said she fears the ruling could set a precedent.

"I believe the floodgates have been opened," said the woman, who adds she will pursue her case "to the highest level."

The court heard Jan Luedecke and the woman met at a party in July 2003. Both had been drinking and the woman fell asleep on a couch. She woke up to find him having sex with her and pushed him off.

Luedecke testified he only suspected he had been having sex when he went to the bathroom and discovered he was wearing a condom. He confessed to police.

Sleep expert Dr. Colin Shapiro testified that Luedecke had parasomnia, a disorder with symptoms such as sleepwalking. The doctor also said Luedecke suffered from "sexsomnia," which is sexual behaviour during sleep.

Luedecke previously had sex with four girlfriends while asleep.

The court also heard Luedecke had cut down on his drinking and is taking medication to stop his sexsomnia.