Daily BrewDustin Paxton’s brain-damaged victim wants him charged with torture
The brain-damaged assault victim of Dustin Paxton says his attacker should face charges stronger than aggravated assault and sexual assault, suggesting that more than a year of ceaseless abuse should be considered torture by Canadian laws.
He and his mother appeared on CBC's The Current to discuss the attacks and push for a new Canadian law that would allow people such as Paxton, and not just police and military officials, face torture charges.
In an exclusive interview with CBC News, Paxton's victim said he remained with his now-convicted abuser for so long because he suffered from a brain injury that impeded his decision-making ability.
"I think I received a brain injury really early, and I think that one of the decision-making centres in my brain was damaged," said the man, whose name is protected by a publication ban. "Once that was all damaged, I wasn't making rational choices."
[ Related: Dustin Paxton could be deemed ‘dangerous offender’ ]
Paxton was convicted last year of the aggravated and sexual assault of his roommate for well over a year.
The cycle of abuse began when the victim moved from Winnipeg to Calgary in 2008 to live and work with Paxton. On the first day, the victim told CBC, Paxton beat him with a steel-toed boot. From there the assaults became a daily event, prompted by small arguments over parking and leftovers found in the fridge.
The series of attacks left the victim with a cracked skull, ruptured bowels, a speech impediment, brain damage, post-traumatic stress disorder and a disfigured face.
It ended only when he was dropped off at a Regina hospital, near death.
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Paxton was found guilty of assault and could be tagged a dangerous offender, which could keep him in prison indefinitely. But his victim and his victim's mother say he should also be charged with torture, which would include a sentence of up to 14 years in jail.
In Canada, however, only officials can be charged with torture - police officers, public officers and members of the military. This isn't the first time victims of assault have urged for non-state torture to be added to the Criminal Code of Canada.
Two women who treat those dragged into Nova Scotia's sex trade called for the change earlier this year. They felt young women who were forced into prostitution should be better protected, and that those guilty should face charges stronger than assault.
Jeanne Sarson and Linda MacDonald launched the website Persons Against Non-State Torture and are lobbying both the Canadian government and the UN to broaden the definition of torture.
Whether it is the creation of a non-state torture offence or something similar, it seems reasonable that Paxton or anyone else convicted of assault over an extended period face tougher penalties. Giving Paxton a “dangerous offender” status would be a start.
It may be semantics, but to his victim it is not.
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