Saturday, July 11, 2009

London, ON man convicted of DV and child porn charges gets long term offender designation

London Free Press [London, ON, Canada]

A London man's history of sexual deviancy led to a long-term offender status after he was convicted of assaulting and harassing his common-law spouse.

The 42 year-old man was convicted in November and sentenced last month after a lengthy hearing that focused on a psychiatric assessment, classifying the man as a "substantial risk to the community." As a long-term offender, the man will be subject to a 10-year supervision order after he completes his prison sentence.

Superior Court Justice William Jenkins sentenced the man to 30 months. The man was given 18 months' credit for his one year in pre-trial custody, leaving him 12 more months to serve before he's released.

The man was charged in October 2007. He pleaded guilty to a minor physical assault on his common-law spouse, whose name is protected by court order.

He was convicted of harassing her by threatening to harm any man she was with and telling her she had to go to him each week for sex.

He was also convicted of possession of child pornography for a photo on his computer showing a seven-year-old girl. The common-law wife had to leave a job and move away because of the crimes. She fears for her safety.

In his decision, Jenkins noted the man had a record dating back to 1989 that included three sexual assaults, six convictions for invitation to sexual touching of a child under 14, two convictions of sexual interference and one for weapons possession.

Psychiatrist Philip Klassen from the Centre of Addiction and Mental Health examined the man and determined he didn't suffer from a major mental illness but did suffer from "a personality disorder, paraphilias, a probable attention deficit-hyperactivity disorder and borderline intellectual functioning."

Klassen said the biggest concern was the man's "bisexual pedophilia" and said he was a high risk to re-offend.

Assistant Crown attorney Peter Rollings told Jenkins the man was warned in 2006 he could face a dangerous offender application if he re-offended. The man had not taken prescribed sex drive reduction medication and failed to comply with court orders.

Jenkins recommended the man serve his sentence at the Ontario Correctional Institute where he can receive sex offender counselling. Once he's released, he cannot associate with his victim or be within 500 metres of her home or work.

He must take his sex drive reduction medications. "Failure to comply with such a mandatory treatment will result in denial of release into the community," Jenkins wrote in his decision.
The man must also abstain from non-prescribed drugs, take anger management and sexual deviancy treatment, and stay away from anyone under the age of 16 unless in the immediate presence of a responsible adult.

He cannot go to parks, playgrounds, public swimming areas, day-care centres, schools or community centres or anywhere children are. He cannot get a job that involves children or use a computer to communicate with a person under 16. The man was ordered banned from firearms for 10 years, placed on the sex offender registry for 10 years and ordered to give a DNA sample.

Jane Sims is The Free Press justice reporter.

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