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Twin Brother of Woman's Lover Seeks New Trial in 'Mistake Sex' Case

By Bruce Carton

?Oh my God. Oh my God. Oh my God,? she said, grabbing her clothes. ?I thought you were your brother.? Straight out of what looks like a bad criminal law final exam comes this story from the Toronto Star (via Bad Lawyer) about a woman who claims she unwittingly had sex with the twin brother of her "occasional lover." The twin brother was convicted of sexual assault and sentenced to six months in jail for the September 2006 incident, but he is now asking an appellate court to grant him a new trial. The Star reports that the woman had a sexual relationship with the brother of the accused, and she would stay at his apartment whenever she visited the area. On the night in question, the woman and the accused drove to a liquor store where they each bought a bottle of red wine. The accused twin brother says they became intoxicated and the woman "became flirty." Later, the accused felt sleepy, and his brother recommended he sleep in the bedroom. He saw the woman sleeping in bed, and says he didn't think it would be awkward if they shared the bed. ?I thought we were all pretty good...

Full post as published by Legal Blog Watch on March 08, 2010 (boomark / email).