[The_Egg]

Gregory Bonnell, THE CANADIAN PRESS Published Thursday February 7th, 2008
TORONTO - A sexual assault victim whose assailant was found not guilty because he suffers from "sexsomnia," a rare sleep disorder, said Thursday it's not revenge but accountability she's after as the bizarre case came before the Ontario Court of Appeal.
In the early hours of July 6, 2003, the woman was roused from sleep following a house party and croquet tournament in Toronto's Beaches community by a strange man lying on top of her, engaged in sexual intercourse.

"Who the hell are you and what are you doing?" the woman demanded, according to court documents.
"Jan," the bewildered-looking man replied.
Jan Luedecke confessed to the sexual assault, during which he was wearing a condom. But his lawyers successfully argued in 2005 that the landscaper is among a tiny fraction of the population that suffers from sexsomnia.

In fact, court heard Luedecke had engaged in "sleep sex" with four former girlfriends prior to the assault.
The trial judge acquitted Luedecke on the grounds the he could not have formed the intent to commit the assault, further concluding that his condition did not qualify as a "disease of the mind."
On Thursday, Crown prosecutor Kimberley Crosbie urged Ontario's highest court to classify Luedecke as mentally ill and order him to appear before the Ontario Review Board - a body that assesses people found not criminally responsible because of mental disorder.
The board can order a person to committed to hospital, release them into the community on certain conditions - such as refraining from alcohol or drug use - or grant them an absolute discharge.
The woman, who cannot be named, was comforted by family and friends who lined a courtroom bench during the proceedings.

Outside court, she said Luedecke has yet to face any real consequences for his actions.
"I have never been out for revenge," she said.
"I believe in accountability and consequences for actions, and to date he has not faced any of that."

When asked how the assault has affected her, she replied: "You'd probably have to stand here until tomorrow morning to let you know everything I've been through."
While the Crown also requested the court either enter a conviction or order a new trial, it's rare for a judge's decision to be overturned unless there's a significant error in law.
Instead, Thursday's arguments centered on Luedecke's mental state and public safety issues.
"I think that's the overarching concern here, the protection of the public," said Crosbie. "What we're concerned about is that nothing like this happens again."

Court heard that Luedecke, in the days before the assault, had been stressed, overworked and sleep-deprived - all identified by experts as known triggers of sexsomnia, along with alcohol consumption.

One day before the party, Luedecke drank several beers and took magic mushrooms, an illegal hallucinogen. In the hours before the assault, Luedecke said he consumed 12 beers, two rum-and-Cokes and two mixed vodka drinks.

"The public should understand that these cases, though rare, are documented in the medical literature," Frank Addario, Luedecke's lawyer, said outside the court.
"The finding at trial, which is not challenged on appeal, was that it wasn't volitional, it wasn't a deliberate choice that he made, that it was something that was done while he was unconscious."
Luedecke had been banned by the court from having contact with the woman, but that order has since expired. Court heard Thursday that he declined to agree to renew the voluntary order.

Luedecke has been living in the community for several years and isn't a threat to anyone, Addario said.
"I think what the court's going to decide is whether or not the trial judge made any legal mistakes while he was deciding whether this was a mental disorder or whether it's just a sleep disorder," said Addario.

"If it's just a sleep disorder and it's unlikely to re-occur, then it's not a mental disorder and he doesn't need hospitalization and the state won't be able to follow him around."
The three judges hearing the case reserved their decision.
Sexsomnia is a form of parasomnia, or sleep disorder, that's believed to affect about three out of 100 people.

[AnnonUSA]

What the Fuck?

Cut off his dick, that would solve his "problem".

[The_Egg]

WTF is right...

[Gag]

What a crock of shit man, rape some girl while she's napping, when she wakes up screaming say "Oh, sorry, don't know how I got here, I must've been sleep walking, and having a wet dream at the same time. Again. I must have opened this box of condoms, removed one condom, taken it out of the wrapper and put it on my dick WHILE I was dreaming. Happens all the time, I've got a disease."

Probably the most ridiculous thing I've heard in a dogs year.

[The_Egg]

huh?

[Gag]

I was just pointing out how ridiculous the idea of this guy sleep walking over to the drawer, pulling a condom out of it, putting it on, then taking this chicks pants off and fucking her.