There is an appeal underway of a sexual assault conviction, where the accused is the identical twin of the victim’s boyfriend.

The charge stems from what happened at a party in a small Southwestern Ontario town in 2006.  The victim was visiting a male friend’s house – where the party took place – when she went to sleep in her friend’s bed.

The friend’s identical twin brother later went to sleep in the same bed.

The case hinges on whether or not the woman agreed to have sex with the brother or was she duped into it.

The case is being heard at the Ontario Court of Appeal in Toronto, the judges will announce their decision at a later date.