Calgary man says he beat prostitute in his sleep

[meg09]

I generally only donate to the fight for rights. However, if this guy gets away with his attack, then I'm joining the ranks in sex worker rights outside of simple donations


cnews.canoe.ca/CNEWS/Crime/2010/06/14/14390896.html

CALGARY – Gary Gordon Yuen testified Monday that he brutally beat a $1,000-a-night prostitute while he slept.

He told court he had recollection of his attack on the woman in the master bedroom of his northwest Calgary home.

Yuen said he can’t deny repeatedly beating the victim with a baseball bat, choking her unconscious, removing her clothing and sexually assaulting her.

But the professional engineer said the Feb. 11, 2007, attack occurred while he was in an altered state of consciousness brought on by a sleep disorder.

Defence lawyer Balfour Der plans to call Ontario sleep expert Dr. Colin Shapiro to explain a disorder he calls sexomnia, where people have sex while not awake.

Yuen testified he believes that’s what happened to him when he awoke to find he had badly beat a woman he regularly hired at $1,000 a night, who ran naked from his home.

“Dr. Shapiro says that I have a sleep disorder,” Yuen said, while taking the witness stand in his Court of Queen’s Bench trial.

Yuen, 47, is charged with aggravated assault, sexual assault, unlawful confinement and choking in connection with the attack on his victim, who can’t be named.

The woman told court last year she was beaten with a bat, knocked off Yuen’s bed, choked until she lost consciousness and then awoke to find Yuen on top of her.

She ran naked from his home into frigid winter temperatures and was rescued by a passing driver who got her to police before she was hospitalized.

Dr. Pauline Head said the woman’s injuries were so severe she would have died had she not received medical attention.

Yuen didn’t deny responsibility for causing the woman’s wounds.

“There’s nobody else that could’ve done it,” he said.

Under cross-examination, Crown prosecutor Pam McCluskey asked why Yuen didn’t seek an explanation for his memory gap until he saw Shapiro in January.

“You had a bloody woman on your bed and that didn’t concern you ... that you might do it again?” McCluskey said.

“That didn’t cross my mind,” Yuen said.

But he readily admitted hiring the high-priced call girl for sex.

“I didn’t pay her $1,000 to come over and watch news,” he said.

Evidence continues on Tuesday.

 

[Ross]

Sleep disorders where people engage in activities of all types, including crimes, are very real and well known.

BUT, they are extremely rare. A single expert called by the defence should not be sufficient. The totality of the circumstances needs to be assessed.

The other issue is that news reports are notoriously myopic in their reporting of a court case. A couple of paragraphs will not capture everything that has been put into evidence over the course of a day or more. This is why people get outraged at the reporting of a court decision. It is based on a very limited view as to the evidence and law that was presented in court. Often the reporting is done in a manner that is designed to raise the passions of the reader so that the next installment of the proceedings will be purchased and the circulation of the paper maximized.

 

[who am i?]

ok...

I have given my GF a 'punch' in my sleep from a nightmare, but woke up 2 seconds later when I heard her scream and kick me square in the balls. There is absolutely no way it would be possible to beat someone to that extent, none whatsoever. Dude needs some serious jail time.

 

[Hannah Iced Over]

Your wrong, it is possible and it has been verified many times. People have engaged in activities while completely asleep that we think are not possible.

It is extremely rare and probably did not occur in this case, but allow him to have a trial and present his defence to the charge.

Just because an event is beyond our realm of experience does not mean that it is impossible. It is more reason then ever to carefully consider the evidence before rejecting or accepting it as truth.

 

[Mountain Man]

Supposing that I am wrong, (which has been known to happen on occasion), as a grown man he should be well aware of his condition, and it is still his responsibility not to put himself in a situation where he might be a danger to others.

 

[just a cariboo angel]

IF and I repeat IF, the evidence shows that he has such a sleep disorder (and I am very skeptical that he really does, a lot of criminals are jumping on the bandwagon of the "I was asleep defence" when it is not true) then there will have to be evidence about what he knew about his condition and when. This could lead to a different or lesser charge due to the difference in criminal intent.

From the original article I had the impression that he only realized that he had this disorder after the attack and after talking to the expert Dr. in sleep disorders. That does indeed make me wonder what was going on with his sleep disorder for the previous 47 years of his life.

If he is proposing that this disorder appeared for the first and only time the night of the attack and he has no history of sleep problems prior to this, then I am somewhat suspect of what he is saying.

In genuine cases there is a history of sleep disorders, usually a history of Dr. visits, medications for sleep issues, etc. Often there well also be post-traumatic stress of some kind, being a victim of an assault especially as a child can lead to severe sleep problems for a lifetime.

This is why multiple Dr.'s would need to examine him in depth for an accurate diagnosis.

If at the end of the trial it is found that his story was not true and simply a concoction to avoid a finding of guilt then that should be an aggravating factor at the time of sentencing and an extra year or two should be added on. oh, wait, I forgot this is Canada so even if found guilty he will only spend a few months in jail after pre-trial custody, parole, early release etc are all factored in.

 

[siya]

cnews.canoe.ca/CNEWS/Crime/2010/06/14/14390896.html

A Polysomnography is needed in this case. It's a comprehensive recording of the biophysiological changes that occur during sleep. The PSG monitors many body functions including the brain etc, hopefully this will prove if he has it or not.

 

[cobaltqueen478]

Hoping this is not the case with this jerk. Yes sadly Canada has many lame laws but no one does anything about it. All we say is we are proud Canadians, wake up and smell the coffee you dumb politicians.

 

[Hope]

Have any of our sp ever been assaulted before?.