Sexsomnia, Raping While Asleep, Not A Crime

(Toronto, Canada) In 2003, a 33-year-old Canadian, Jan Luedecke, went to a party and had sex with a sleeping woman. She awoke and pushed him off. Subsequently, she filed a criminal complaint and Luedecke was arrested and charged with sexual assault.

At his trial, sleep experts testified that Luedecke wasn't responsible for his behavior because he suffers from sexsomnia, a disorder similar to sleepwalking. Luedecke also suffers from parasomnia. Justice Russell Otter bought the defense's argument and acquitted Luedecke.

From CBC News:

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.

The victim, who hasn't been identified, was outraged by the verdict and left the courtroom in tears. She plans to appeal, believing a precedent has been set by the decision. "I believe the floodgates have been opened," she said.

Excuse me for being cynical, but I too believe the ruling establishes a precedent. The verdict in the case is effectively a license for Luedecke to sexually impose himself on any sleeping woman he's near.

The sleepsex defense has been used before but, the Luedecke case may be the first time that it's legally eliminated culpability in rape. As a result, I wouldn't be surprised if other men now become emboldened to reveal their repressed, or newly diagnosed, sleepboffing disorders. After all, each can now plead, "Judge, I didn't know what I was doing. I was asleep."

It's probably not unreasonable to predict that, given enough time, crime will be eliminated in society by psychologists reclassifying all criminal behavior as medical conditions in need of treatment.