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(Image: Broward Sheriff's Office)

Richard Patterson made the bizarre request as he is convinced that brandishing his shaft will explain how his partner, Francisca Marquinez, died.

The 65-year-old – who is charged with second-degree murder – has admitted he choked his 60-year-old lover in October 2015.

His lawyer Ken Padowitz said Patterson could prove his "rough sex” defence by stripping down to his birthday suit .

The defendant claimed his girlfriend died when the kinky sex session went horribly wrong.

According to court documents written by Mr Padowitz, a medical expert will attempt to prove the stunning claim.

It read: "Dr Wright, an expert witness and former medical examiner, will testify that Ms Marquinez's death is consistent with being accidentally sexually asphyxiated during oral sex.

"It is material and relevant. The view by the jury is essential for them to fully understand Dr Wright's testimony and the defence in this case."

(Image: Getty)

But Patterson was branded a "desperate man trying a desperate tactic" by Ms Marquinez's son, Omar Andrade.

Following his lover's death on October 28, Patterson called his lawyer before the police.

When officers arrived at their Florida home they found the she had been dead between eight and 24 hours.

(Image: Getty)

Patterson wrote in a text to his daughter "I did something bad" and later told a mate "I choked her. I choked Francisca".

Judge Rothchild has yet to say whether he will let the defendant go the full monty in court.