MAN HAS SEX WHILE SLEEPING

And because a judge ruled it was so, the man was acquitted of sexual assault in Scarborough, Ontario.

Really.

Jan Luedecke has "sexsomnia," according to Justice Russell Otter. The Toronto Sun picks up the story:

Luedecke, a 33-year-old landscaper, met his victim at a party on July 6, 2003. Both had been drinking.

The woman, who can't be named, had fallen asleep on a couch. She woke up to find him having sex with her. She pushed him off, then reported the rape to police.

She didn't know Luedecke before that night.

Luedecke claimed he fell asleep on the same couch and woke up when he was thrown to the floor.

He only suspected he had had sex after using the bathroom and discovering he was still wearing a condom, court heard. He confessed to police.

During his trial, sleep expert Dr. Colin Shapiro testified Luedecke had parasomnia -- a disorder with symptoms such as sleepwalking. Shapiro testified Luedecke suffered from sexsomnia, which is sexual behaviour during sleep.

It was brought on, he said, by alcohol, sleep deprivation and genetics.

Luedecke previously had sleep sex with four girlfriends, court heard.

The judge ruled that Luedecke doesn't have a mental disease, so he's off the hook. His doctors say he's cut down on his drinking, and is taking meds for his condition. Whatever it is.