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Paxton found guilty of sexual assault in torture case
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CTVNews.ca Staff
Date: Mon. Feb. 6 2012 8:32 PM ET
A judge in Calgary has found Dustin Paxton guilty of aggravated assault and sexual assault in the torture of his former roommate. However, he was found not guilty of unlawful confinement.
Court of Queen's Bench Justice Sheilah Martin said Paxton, 32, beat the 28-year-old male victim "frequently and savagely."
She said Paxton used his victim as a personal servant and "whipping post."
"He treated the victim as his personal servant or bitch," Martin said. "I find there is evidence of wounding, maiming, disfiguring and his life was in danger on two occasions."
She said she believed the victim when he said he performed sexual acts on Paxton to appease him.
"He used sex as a further weapon of assault."
But Martin said the victim was allowed to go to work every day and go where he wanted, and therefore, Paxton could not be convicted of forcible confinement.
Paxton looked angry and shook his head when the judge read out the sex assault verdict.
Paxton was charged in August 2010 – four months after his roommate was dropped off at a Regina hospital in shocking condition. The man was emaciated, his face was disfigured and he was covered in cuts and bruises.
The trial began last September and has moved slowly. The 28-year-old victim, whose name is protected under a court order, testified that he was starved, beaten, and forced to perform sexual favours on Paxton almost daily.
He testified he took the abuse because he didn't want to be seen as a "sissy" and had dreams of making big money in Calgary.
The defence argued the alleged victim could have left at any time as he was not tied up or locked in his room.
A Crown expert on human captivity, Kris Mohandie, told the court the man reacted to nearly daily beatings like an abused pet or battered spouse would and couldn't leave the relationship.
However, Martin said his testimony was only useful in a general sense, and not "conclusive proof of captivity."
Earlier on Monday, Martin threw rejected the defence's request for a stay of proceedings. Paxton was also found guilty of assaulting another man, Abraham Chutta, a former employee who testified against him.
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