Jan Luedecke is a free man.  The 33 year old was accused of rape but he said he was asleep.  And now, even though he somehow put on a condom, he is free.  A judge in Scarborough, Ontario, bought Luedecke's unusual sexsomnia defense: bad behavior during sleep that, according to sleep expert Colin Shapiro, is brought on by alcohol, sleep deprivation and genetics.  Luedecke met the woman at a party in July 2003 and both were drinking heavily.  She said she passed out on a couch and woke to find him on top of her having sex.  Luedecke claims he too was asleep and only woke when she pushed him to the floor.  Still, he confessed, he looked down and found he was wearing a condom.  The woman said the case will set a terrible precedent.

(Toronto, Canada)