11/01/2011 03:23 EDT | Updated 11/02/2011 06:39 EDT

Paxton's Alleged Victim Did Sex Acts To Stop Abuse


Cross-examination of Dustin Paxton's alleged victim began Tuesday afternoon with a defence lawyer inquiring if Paxton explicitly asked him to engage in sex acts.

"[Paxton's] really smart he would just lead situations to certain outcomes," said the 28-year-old man, who cannot be named because of a publication ban.

Paxton, 31, is being tried in a Calgary court on charges including the forcible confinement, sexual assault and aggravated assault of his former business partner and roommate.

While the man was testifying about alleged sexual abuse, Paxton stood up in the courtroom in frustration.

The defence lawyer asked the man to recall details.

"You've got to understand, I lost all my memory.... I didn't have time to compute a lot of these memories," he said, adding the sexual abuse evolved over time.

"I was physically assaulted every day for years, so that's a lot of sifting."

When the cross-examination started, defence lawyer Jim Lutz asked the man about drug use in the Centre Street house he shared with Paxton.

The man said he smoked marijuana, but testified Paxton indulged in crystal meth. The man added that he quit meth at age 25.

Man hoped sex acts would stop abuse

On Tuesday morning, the man testified that he performed sex acts on Paxton because he would have done anything to stop the beatings.

Testifying for a second day against his former friend, the alleged victim said oral sex and masturbation would happen on a "spur of the moment, when Paxton was in the mood.”

"Personally I thought it was disgusting, but I was in survival mode. I would do anything to not get beaten," he said.

As the alleged victim testified about sex acts, Paxton appeared angry and uncomfortable, shaking his head and muttering under his breath.

The man also told court that Paxton attacked him in the fall of 2009 with a metre-long two-by-four, leaving him with several broken ribs and perforated bowels.

"I thought I was going to die I was in so much pain. I couldn't breathe or I was breathing too much, I was hyperventilating ... I was slipping in and out of consciousness. And I told Dustin, I said, 'Dude I'm not doing good, call the ambulance,'" he said.

Weapons used, alleged victim testifies

On Monday, the alleged victim told court Paxton used a cane, leash or extension cord to administer regular beatings. He testified he didn't leave because he didn't want to look like a "sissy."

He said the daily beatings and choking at the hands of Paxton began on Oct. 31, 2008, when he moved to Calgary from Winnipeg.

The man was dropped off at a Regina hospital in April 2010 weighing 87 pounds. By then he was suffering from a fractured eye socket, and most of his bottom lip and part of his tongue were missing.

Back to a healthy weight but still disfigured, the man slowly described the violence he said his former friend inflicted on him.

His stepfather was at his side for support while he was in the witness box.

A screen was placed in front of Paxton while his alleged victim spoke.

The judge-alone trial in front of Court of Queen's Bench Justice Sheilah Martin trial began on Sept. 27 and is scheduled to last five weeks.

The alleged victim is expected to continue testifying on Wednesday.