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BROCKVILLE — A man twice convicted of sexually assaulting a sleeping woman in 2011, despite his “sexsomnia” defence, will remain in jail until the Ontario Court of Appeal decides whether or not to hear his application for a fourth appeal.

A Toronto judge rejected Ryan Hartman’s application to be free on bail while the appeals court decides if it will hear his appeal, the provincial Witness Assistance Program told victim Bekah D’Aoust in an email this week.

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Hartman assaulted the sleeping D’Aoust at an Oxford Mills house party nine years ago, but he has been fighting his conviction ever since, launching three unsuccessful appeals.

In launching his fourth appeal application this month, Hartman asked to be given bail from the one-year sentence he is serving for the assault.

But the judge rejected the bail application, suggesting he regards it as unlikely that the appeals court would agree to hear Hartman’s appeal.