Man Free After Acquittal in Sexual Assault Due to “Sexsomnia.”

A Toronto man is found "not criminally responsible for sexually assaulting a woman because he suffers from sexsomnia . " (Emphasis mine) The assault took place in 2003 during a house party in Toronto, where the woman woke up to Luedecke lying on top of her and engaging in sexual intercourse.

Luedecke had taken "magic mushrooms the day before the party and had consumed 12 beers, two rum-and-Cokes and two vodka drinks" hours prior to the assault. He confessed to the crime, "during which he was wearing a condom." (Emphasis mine)

A lawyer for the Attorney General’s office argued that Luedecke is still a threat, and should undergo psychiatric treatment and "other conditions," but Luedeck’e lawyer and counsel for the Centre for Addiction and Mental Health successfully argued for absolute discharge.

Psychiatrist Dr. Lisa Ramshaw  acknowledged that Luedecke experienced "considerable shame and embarrassment" and a person showing such remorse was "less likely to repeat the behaviour." Luedecke has had "sleep sex" with four of his previous girlfriends prior to the assault.

In 2008, the victim said, "I have never been out for revenge. I believe in accountability and consequences for actions, and he has not faced any of them." I wonder how she feels now – having the courage to stand before the board and express these difficulties, with the end result being Luedecke walking away free. No consequences whatsoever. Whether or not this even classifies as a "mental disorder or sleep disorder" is up to the court, and I find it a hard thing to prove. I suppose they have to trust that he "didn’t know what he was doing."

Sometimes, ignorance is power. 

Disclaimer: This post was written by a Feministing Community user and does not necessarily reflect the views of any Feministing columnist, editor, or executive director.

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