Defence Seeks to Introduce Sexsomnia Expert in Calgary Sexual Assault Case
In a notable development at the Calgary Courts Centre, the defence for a man accused of sexual assault is seeking to present evidence from a leading expert in sleep disorders, specifically focusing on the condition known as sexsomnia. Defence counsel David Roper called upon Dr. Colin Shapiro to testify, aiming to qualify him as an expert in clinical and forensic assessment of parasomnias, including sexsomnia, a term he coined himself.
Prior Sleep-Related Incidents Cited by Defence
Roper informed Justice Jim Eamon that there were previous instances of sleep-related sexual activity between the accused and the complainant, which he argues should be admissible in court. Typically, such evidence is not permitted, but the defence contends it is crucial to understanding the context of the allegations. "There were prior instances of sleep-related sex that took place," Roper stated, emphasizing the relevance of this history to the case.
The accused, a 26-year-old Calgary man whose identity is protected under a publication ban alongside the complainant's, pleaded not guilty to a charge of sexual assault dating back to January 2, 2023. The ban was implemented due to the prior relationship between the two individuals, preventing the disclosure of their names in media reports.
Expertise and Challenges in Sleep Disorder Testimony
Dr. Shapiro, a professor at the University of Toronto with 35 years of experience, detailed his extensive background in sleep psychiatry, including establishing the first sleep program in South Africa before moving to Canada. He explained that parasomnias, such as sleepwalking and sexsomnia, involve individuals engaging in activities while asleep, which are not uncommon. "I'm an enthusiast for information about sleep," Shapiro remarked, highlighting his dedication to the field.
However, Crown prosecutor Kenna Morris is challenging Shapiro's qualifications, signaling a contentious battle over the admissibility of his testimony. In response, Morris plans to call her own expert, psychologist Dr. Mark Pressman, to provide counter-evidence on sleep issues, setting the stage for a detailed examination of sleep disorder science in a legal context.
Legal Proceedings and Future Timeline
The hearing to determine the eligibility of the expert witnesses is anticipated to last throughout the week, with the actual trial evidence not expected to commence until June. Roper indicated that he intends to present testimony suggesting multiple occasions where the complainant engaged in sexual activity with the accused while he was asleep, only to wake him afterward. This aspect of the defence strategy aims to cast doubt on the intentionality of the alleged assault, framing it within the framework of a sleep disorder.
As the case unfolds, it underscores the growing intersection of medical expertise and criminal law, particularly in cases involving complex psychological conditions. The outcome could have significant implications for how sleep-related disorders are considered in sexual assault trials, not only in Calgary but potentially across broader legal jurisdictions.
