Sex workers describe client’s ‘split personality’
Two Manchester Street sex workers say they were sexually attacked by a client who seemed to have a split personality, the High Court at Christchurch was told.
One woman said the man held a knife to her throat and yelled, “Don’t you know who I am?” as he forced her to perform oral sex.
Daniel Juan Daly, 28, has gone on trial before Justice Rachel Dunningham and a jury on 13 charges, with the Crown alleging he attacked the two women on the night of January 24-25, 2013.
Justice Dunningham told the jurors that the trial would involve evidence about sexual acts and prostitution. Whatever their views about personal morality or their discomfort, they must decide the charges on the facts alone, untainted by prejudice or sympathy they might have for the complainants or the defendant.
Daly denies 13 offences. He is charged with kidnapping, sexually violating, and twice assaulting one woman using a knife as a weapon. He is charged kidnapping the other woman, assaulting her, five charges of sexually violating her, attempted sexual violation, and rape.
Crown prosecutor Deirdre Elsmore told the jury that Daly had picked up the first woman about 8pm, for oral sex using a condom. When they were about to have sex at her house, he ripped off the condom and forced her to have oral sex without it, holding a knife against her throat, and yelling, “Don’t you know who I am?”
He then held the knife against her genitals, causing a wound that later needed treated for an abscess.
When the woman told him he had hurt her he became calm and concerned, she said. He said he would look after her. It was like a split personality, she said. She escaped from him at a service station.
The second woman agreed to have sex with him for the night for $1000 and went to the YMCA where he was staying. When he carried out acts she had not agreed to, Daly told her to “Deal with it,” she said. He became aggressive and rough and bit her, scraped the inside of her vagina with his fingers, and slapped her across the face.
He put all his fingers into her mouth and pulled it apart, splitting her mouth at the side.
When she pushed him off and turned on the light his personality changed and he said he was sorry. He said he thought she was “role playing”. The woman told Daly he had hurt her and she wanted to leave, and she did not care about how much money she was being paid.
Daly then became angry, hit her, made her perform oral sex, and bit her again. He had sex without a condom and tried to have anal sex.
When she got up to leave, Daly was acting as if there was nothing wrong, and talked about them going to the beach together that day.
Mrs Elsmore said consent would be the key issue in the trial. “A prostitute is entitled to withhold consent to sexual acts the same as anyone else. Paying a prostitute does not give you carte blanche to do whatever you like.”
Defence counsel Moana Cole urged the jury to not to jump to any immediate judgment about Daly because much of what the Crown said was disputed. It was agreed that he had met the women and had contracted to have sex with them. The sexual acts were consensual and some were denied, and other allegations about kidnapping and the weapon were denied, she said.
The trial is expected to last five days.
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