New trial ordered in sexsomnia case

The Court of Appeal has overturned the acquittal of a man who had non-consensual sex with a stranger because he was asleep and suffering from sexsomnia.

A three-judge panel ordered a new sex assault trial for landscaper Jan Luedecke but stipulated that it should focus solely on whether he is not guilty or not criminally responsible on account of having a mental disorder.

If the evidence is substantially the same as it was at the first trial, a (not criminally responsible by reason of mental disorder) verdict is the only reasonable verdict, Justice David Doherty wrote in a decision released yesterday.

In November 2005, a provincial court judge found Luedecke not guilty of sexually assaulting a woman who fell asleep at a party in Torontos Beach area.
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Wikipedia: Sleep sex or sexsomnia is a form of non-rapid eye movement (NREM) parasomnia (similar to sleepwalking) that causes people to commit sexual acts while they are asleep. The proposed medical diagnosis is NREM Arousal Parasomnia - Sexual Behaviour in Sleep, and is considered to be a distinct variant of sleepwalking/confusional arousals (ICSD 2).