A Canadian man has been convicted of tricking his twin brother's girlfriend into having sex with him.
According to the Toronto Globe and Mail, the woman had dropped in to see her friend and occasional lover at his apartment when a few people were over during a party, news agency
AFP reported.
She drank some wine, then went to sleep in her friend's bedroom.
Later, the accused entered the same bedroom.
There was some doubt expressed in evidence during the trial as to who initiated the sex, but the woman testified that she called the man by his brother's name several times – and the accused did nothing to correct the case of mistaken identity.
She claimed she only realised she had just had sex with her lover's identical twin brother when they eventually turned on the lights, the report said.
The defence made the point that although the brothers are identical twins, there is a facial feature that distinguishes one twin from the other.
The woman agreed, but told the court she had not immediately noticed this because the bedroom was dark.
She went on to say the incident had severely traumatised her.
The man was handed down a six month sentence for the masquerade.
His lawyer subsequently appealed the conviction. The Ontario Court of Appeal is now weighing the argument of whether she consented to have sex, or whether the mistaken identity negated her consent.
