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TORONTO - Prosecutors say a man who was acquitted of sexually assaulting a woman because he was in a deep sleep at the time should be found mentally ill.
Crown lawyer Kimberley Crosbie is urging Ontario's highest court to classify Jan Luedecke and others like him as a danger to society in order to protect future victims.
Luedecke was found not guilty of the 2003 assault after the judge decided he was in such a deep sleep he could not have formed the intent to commit the assault - the so-called "sexsomnia" defence.
Prosecutors want the Ontario Court of Appeal to decide if Luedecke is a danger to society and, if so, what conditions - including medication - should be placed on him.
Luedecke's lawyers say there's no grounds for the court to impose any sanctions on their client.
Sexsomnia is a form of parasomnia, or sleep disorder, that's believed to affect about three out of 100 people.
Crown lawyer Kimberley Crosbie is urging Ontario's highest court to classify Jan Luedecke and others like him as a danger to society in order to protect future victims.
Luedecke was found not guilty of the 2003 assault after the judge decided he was in such a deep sleep he could not have formed the intent to commit the assault - the so-called "sexsomnia" defence.
Prosecutors want the Ontario Court of Appeal to decide if Luedecke is a danger to society and, if so, what conditions - including medication - should be placed on him.
Luedecke's lawyers say there's no grounds for the court to impose any sanctions on their client.
Sexsomnia is a form of parasomnia, or sleep disorder, that's believed to affect about three out of 100 people.
What a terrible condition. You'd get lots of sex but would you remember any of it?
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