Dream lover escapes drink-writhing charge
A Canadian man was acquitted this week of sexual assault after a judge ruled he was asleep during the attack, the Toronto Sun newspaper reported.
The acquitted 33-year-old landscaper had met a woman at a party in July. Both had been drinking and fell asleep on a couch.
The woman woke up to find the man having sex with her and pushed him off. He immediately woke up, but told the court he suspected they had had sex only after going to the bathroom and finding he was still wearing a condom.
A sleep expert testified at his trial that the man suffered from sexomnia, a sort of sleep walking that includes sexual acts, probably brought on by alcohol, sleep deprivation and genetics.
The man had previously had "sleep sex" with four girlfriends, the court was told.
"This is infuriating," Canadian Association of Sexual Assault Centres' Suzanne Jay said.
"It's another case of the courts not taking a woman seriously, adding yet another item to the list of excuses which men use for sexual assault."