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06-23-2006, 03:38 AM
Former Soldier not guilty in sex attack on Manitoba girl
Last Updated Thu, 22 Jun 2006 11:55:20 EDT
CBC News
A former soldier charged with sexually assaulting a 13-year-old Manitoba girl has been found not guilty due to a mental disorder.
Roger Borsch, 34, did not contest the Crown's assertion that he attacked the girl in her home in the northern Manitoba community of The Pas two years ago, but blamed post-traumatic stress disorder for his actions.
Justice Nathan Nurgitz agreed Thursday, citing expert testimony that Borsch showed signs of the disorder before he attacked the victim.
Borsch told the Winnipeg court about horrors he saw as a peacekeeper in Bosnia in 1994. He said he once came across a Serbian soldier raping a young girl and shot the man in the head.
On another occasion, Borsch testified, he saw a girl killed by a landmine.
Borsch's mother told the court that her son used to be happy and outgoing, but was depressed and had trouble sleeping after his return from Bosnia.
Under the Criminal Code of Canada, a court can find that an accused person committed an act but is not criminally responsible because of a mental disorder.
A psychiatric review panel will decide if Borsch will be required to undergo treatment.
Last Updated Thu, 22 Jun 2006 11:55:20 EDT
CBC News
A former soldier charged with sexually assaulting a 13-year-old Manitoba girl has been found not guilty due to a mental disorder.
Roger Borsch, 34, did not contest the Crown's assertion that he attacked the girl in her home in the northern Manitoba community of The Pas two years ago, but blamed post-traumatic stress disorder for his actions.
Justice Nathan Nurgitz agreed Thursday, citing expert testimony that Borsch showed signs of the disorder before he attacked the victim.
Borsch told the Winnipeg court about horrors he saw as a peacekeeper in Bosnia in 1994. He said he once came across a Serbian soldier raping a young girl and shot the man in the head.
On another occasion, Borsch testified, he saw a girl killed by a landmine.
Borsch's mother told the court that her son used to be happy and outgoing, but was depressed and had trouble sleeping after his return from Bosnia.
Under the Criminal Code of Canada, a court can find that an accused person committed an act but is not criminally responsible because of a mental disorder.
A psychiatric review panel will decide if Borsch will be required to undergo treatment.
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