Canada- A pair of sheriff’s officers caught with their pants down in a saucy Internet sex video may have a hard time proving they were too drunk to know what they were doing, says a university law professor.

On Thursday, Richard Gordon and Jacqueline Burgoyne filed a lawsuit against a local porn performer/escort [Oshean] and her husband, alleging they were drunk when they signed a waiver permitting the racy rendezvous to be recorded.

“An allegation of not understanding due to drunkenness may be hard to establish,” University of Manitoba law professor David Deutscher said yesterday. “You have to be extremely intoxicated … It’s difficult to prove that extreme degree of intoxication.”

The officers are seeking a court injunction ordering the defendants to remove their website and video from the Internet.

The sheriff’s officers were suspended by Manitoba Justice on Dec. 28 after word spread of the online tryst, which the website states was filmed here during Grey Cup weekend. The pair were reinstated Jan. 8 and immediately went on stress leave.

According to the statement of claim, the officers met porn performer Oshean and her husband, Johannes de St. Clair de Guise, at the Desire nightclub, where Oshean broached the idea of going back to her place and recording a sex video with her.

After arriving at the couple’s Garry Street apartment, the officers were served drinks and asked to sign a document indicating they were both over 18 and that they were consenting to the recording of the frisky festivities to follow.

WAIVER

The officers allege in the statement of claim they were never told the video would be distributed on the Internet.

“The plaintiffs say that any consent signed by one or more of the plaintiffs is void or vitiated as a result of intoxication and/or as a result of misrepresentation,” the claim states.

What exactly is contained in the waiver is unclear. According to the statement of claim, the officers say they were not provided a copy of the document.

“The key to this case is the contents of the documents they signed,” Deutscher said. “If they are alleging they were told it would not be made public, that misrepresentation will effect its validity.”

All allegations have yet to be proven in court.

Oshean’s lawyer David Guttman said yesterday he had not yet seen a copy of the statement of claim.

“Once I have had an opportunity to review the material I will be in a position to comment,” he said. “At this point it’s just speculation.”