Lawyer drops sexsomnia defence in Calgary sexual assault case

A defence lawyer has abandoned his attempt to have a University of Toronto professor testify as an expert in sexsomnia after the expert admitted he may have conflated information from two patients in forming a diagnosis.

Defence counsel Allan Fay told Justice Jim Eamon on Monday that he no longer wished to have Dr. Colin Shapiro testify in his client's sexual assault case. The accused is charged with sexually assaulting a former intimate partner.

"I must confess, sir, that based on what I heard today I am completely taken aback by the evidence given by Dr. Shapiro," Fay said in court. "I had no inclination this issue of conflation would arise."

Fay said he had no confidence in Shapiro's expertise and would not call him in this matter or any other. His predecessor had applied to have Shapiro qualified as an expert in clinical and forensic assessment of parasomnias, including sexsomnia — a term Shapiro himself coined to describe cases where individuals engage in sexual acts while asleep.

Because he has lost confidence in his proposed defence expert, Fay asked to adjourn his client's trial. Crown prosecutor Kenna Morris objected, noting that another expert, Dr. Mark Pressman, can review Shapiro's data on the accused and testify instead. Justice Eamon will hear further submissions Tuesday before deciding whether an adjournment is warranted.