The Ontario Review Board (ORB) has granted an absolute discharge to a Toronto man found not criminally responsible for repeatedly sexually assaulting a close female relative over seven months, including an incident where he choked her while saying, "I want to kill you." The July 2 decision stated the board could not identify a real, significant risk of harm to the public.
Background of the case
The man, identified only by his initials in the ORB decision, was 21 when he was found not criminally responsible on account of a mental disorder in November 2017. His charges included assault, uttering threats, sexual assault, and attempting to choke or strangle. He has been diagnosed with schizophrenia, a mild intellectual disability, social anxiety disorder, and cannabis use disorder.
According to the decision, the man also assaulted his father, a cab driver, and sexually assaulted "many others (up to 20, including a vulnerable elderly male patient at a forensic hospital)" as well as molesting children when he was six to nine years old.
The assault on the female relative
The sexual assaults on the close female relative began in September 2015. On March 15, 2016, the man approached her from behind, grabbed her buttocks, then reached into her pants and grabbed her vagina. When she pushed him away, he punched her in the face, put his hands around her neck, and began to squeeze, lifting her off the floor. She struggled to breathe before escaping and yelling for help. Another tenant called police, who took the attacker to hospital.
The victim later revealed that the sexual assaults included grabbing her breasts, attempting to kiss her aggressively, grabbing her buttocks and vagina, and jumping on top of her to try to pull his pants down for intercourse while she lay on the couch.
Psychiatric assessment and discharge
The ORB agreed with the man's psychiatrist that he "no longer requires the support of the forensic team" at the Southwest Centre for Forensic Mental Health Care in St. Thomas, Ontario, or "the oversight of the board to manage his risk of harm to the community." The board stated, "The threshold for finding that an NCR accused poses a significant threat to the safety of the public is onerous. Upon a careful consideration of all the evidence and submissions of the parties, the board is unable to find that (he) is a significant threat to the safety of the public."
The decision concluded that the man "must be absolutely discharged. The panel wishes him well in the future."
