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Former Soldier Acquitted of Sex Assault on Teen

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http://sympaticomsn.ctv.ca/servlet/ArticleNews/story/CTVNews/20060622/soldier_ptsd_060622

CTV.ca News Staff

A former Canadian soldier has been found not guilty of sexual assault because a court ruled he suffered from post-traumatic stress disorder stemming from a deployment in Bosnia 10 years earlier.

Roger Borsch, 34, was on trial on charges of confining and sexually assaulting a 13-year-old girl after breaking into her home in The Pas, Manitoba in 2004.

Borsch did not deny the Crown's allegation that the incident took place.

Instead, Borsch testified that he had no recollection of the incident ever having happened.

His lawyer argued that Borsch was traumatized by time he spent with the Canadian Forces serving in Bosnia and was in a type of shock and did not know what he was doing.

Borsch was acquitted Thursday by Justice Nathan Nurgitz, who explained that expert witnesses testified Borsch exhibited symptoms of post-traumatic stress disorder before the attack took place.

Though his court case has been dismissed, a psychiatric panel will review his case to determine whether treatment is necessary.

In an earlier appearance, Borsch told the Winnipeg court he has no memory of the alleged incident, and remembers nothing after leaving a party at another house earlier in the day.

"The next thing I remember, I woke up in the middle of a river in a canoe,'' Borsch testified.

"I looked around and tried to figure out where I was.''

His mother told the court Borsch came back from a six-month tour in Bosnia in 1994 depressed, withdrawn and often unable to sleep.

"He didn't smile, he didn't frown . . . he didn't seem to be interested in anything,'' Barbara Borsch said.

"He was just a totally different man.''

After returning from Bosnia, Borsch moved between Calgary, Edmonton and The Pas, where he eventually landed a job as a jail guard.

Meanwhile, the U.S. Department of Veterans Affairs is likely to see close to 20,000 new cases of post-combat stress this year among soldiers who served in Iraq or Afghanistan, according to a report in Knight Ridder Newspapers.

The department had anticipated seeing only 2,900 new cases in the 2006 fiscal year, which runs from Oct. 1, 2005, to Sept. 30, 2006.

The illness has been cited as a cause of drug addiction and homelessness, among other social problems.

With files from The Canadian Press

 
I'd really like to comment on this but not having served in combat I only have one side of the story.
 
:rage:

  SOF, let me do the Honours.....I have been in combat, I have PTSD. You do not commit sexual predator acts on little girls because you have PTSD...you may forget you are a sick twisted freak and what you have done, but you are a full up criminal in my books. This low life needs to go to jail to get some help for PTSD so he can remember what a sick %$#&^%$ person (thing) he is.

I had to sorry.
 
3rd Horseman said:
:rage:

  SOF, let me do the Honours.....I have been in combat, I have PTSD. You do not commit sexual predator acts on little girls because you have PTSD...you may forget you are a sick twisted freak and what you have done, but you are a full up criminal in my books. This low life needs to go to jail to get some help for PTSD so he can remember what a sick %$#&^%$ person (thing) he is.

I had to sorry.

Agreed,

I might as well rob the local bank that carries the winnings for the Lotto, and spend on one big effing whoop up for the member of harmee dot see eh.  I can blame it my diagnosis as well!

All in, say aye!

dileas

tess
 
What a POS.  Nice, dump it all back on the CF, your PTSD and Bosnia.  Meanwhile the poor victim... :threat:

I think thats called a "scapegoat".  Or BS.  Or something.  Regardless, he shouldn't be allowed to walk away.
 
Take Lester the Molester. Apply wooden axhandle vigourously. Repeat as needed. Add gasoline to said LtM corpse. Immolate at lesuire. Find moron judge and enabling scumbag defence lawyer. Repeat steps 1 through 5.
 
I love the timeline here, 12 years and his PTSD has manifested itself now in this way? Yeah, the drugs, alcohol, and intervening years were just problematic antecedents to his condition... riiiight.

I also appreciate the way the writer included the numbers of anticipated US PTSD cases (hide your daughters!) as if that has a direct correlation to this case.

Unbelievable. The standards for reporting are atrocious as we've witnessed time and time again. As for the judges; well, if he feels confident that this guy can babysit his child...  ::)

Does this individual need medical help. Of course, then he needs to (wait for it) "TAKE RESPONSIBILITY FOR HIS ACTIONS!!!"[/b

I tire of this. Truly. Citizens have many rights in Canada. That little girl had the right to grow up without fear that she would become some asshats sexual plaything. This POS has the right to receive medical assistance for his conditions (whatever they may be) and then once he has his faculties back, he has the right to a long productive life of atonement and responsibility... Whatever, I'm wasting my time. Just let the POS back onto the streets and wait for him to "wake up in a canoe" again...
 
I've been told PTSD can take years to manifest.  I'm also told that if you have it you still know the difference between right and wrong.
 
I erred with the bold feature in the above post, does it show?  ;D
 
It is assclowns like this that make it so hard for soldiers with PTSD to seek help.  They really didn't need another stereotype! ... and the last thing the CF needs is for people to fear post-combatants attacking their children!

When my father came back from Africa (with PTSD) we knew that something wasn't right with some of the troops IMMEDIATLY.... While I am sure that sometimes it may be less noticeable for a few years - 12 years with no signs and then  WAHM assault a child... I don't think so amigo.

I cannot express how utterly disappointed I am with our justice system in this case.... unspeakable really.
 
Judges and reality aren't always peanut butter and chocolate.  ::)
 
I just read that story in the paper this morning.   Claiming PTSD induced a pedophile reaction?  What bullshit.
 
kneel down. Face the ditch.

For this bastard, any other pedophiles in this nation, the judge, and anyone who would defend them.
 
I think Charlei Daniels said it best " We tell our kids to just say know, than some panny waisted judge lets a drug dealer go"

I know this is talking about the wrong thing but you get the idea.

Also" You take them rascals out in the swamp, put 'em on there knees and tie 'em to a stump, let the rattlers and and bugs and the alligators do the rest" I think that would fit this guy perfectly.
 
...and just because Zipperhead Cop and I like to gloat. ;)

These stupid kinds of decisions  happens ALL THE TIME, the only reason this is news is because its a combination of ex- soldier, pedophilia and a first. [  a judge 100% buying the PTSD defence]

Where's Tamouth to defend this one??
 
I agree with your comments in that thread, but it got locked while I was out of town so couldnt add my 2 cents worth.  Read of too many instances where the issue is about whether there was enough evidence.  Like you said, its not about justice, its not about innocent or guilty, its about whether you can prove your case in court.  The judgement of 'innocent' often translates to 'they couldnt prove it' or 'couldnt convince the judge/jury' it was true'.  
 
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