law pages of Bournemouth and Poole College.
On 17 October 2009, the Ontario Court of Appeal ruled that involuntary “sexsomnia” – sleep sex – can be a valid legal defence. This is the first time a superior court, any where in the world has ruled on the defence, although many defendants have been acquitted at trial.
The incident took place in 2003, when the victim woke up at a late-night party and found the defendant on top of her.
The appeal court ordered a new trial only to decide whether the defendant, Mr. Luedecke should be acquitted outright, or be found not criminally responsible on account of a mental disorder.
News report here