Toronto: An unusual case in which a woman had sex with her lover's twin brother thinking he was her real lover is currently unfolding in a court here.
The woman claims she was duped into sex by her lover's twin brother during a night party in 2006. But when she switched on the lights, she says she found that it was her lover's twin brother, not her lover.
Shocked, she says, she ran out of the apartment with her clothes, shouting, "Oh my God. Oh my God. Oh my God...I thought you were your brother."
The man was jailed for six month in 2008, but is now seeking a fresh trial by the appeals court here. He contends that the woman consented to sex.
The incident happened in September 2006 when the woman, then 48, went to her 30-year-old lover's party at his apartment where she had often stayed for occasional sex with him.
After getting intoxicated, the woman says she got tired and went into her lover's bedroom to sleep while the twin brothers and others went out to drink more at a bar.
When they returned, the accused (twin brother) felt sleepy and went into his brother's bedroom where the woman was sleeping.
He says he found her sleeping with only a T-shirt and an underwear.
Since "we were all pretty good friends", he says he hopped on to the bed to sleep beside her. But soon the woman started running her hand over him, he has testified.
He says as the petting began, the woman switched on the lights and he moved his face so that she could see that who he was.
Thus the woman "had an opportunity to view him and he asked: Are you sure?" the lawyer for the accused has told the court.
"She, by her conduct not by her words, consented" to sex with the accused, the lawyer says.
But the woman says she repeatedly called the accused by his brother's name before they had sex, but he never revealed his true identity. Her lawyer says that since she had slept with her lover in his apartment occasionally, she had every reason to trust that it was her lover in bed, not his twin brother.
The case drags on.
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