Tighten Laws On Deviates
Ontario Attorney General A. Kelso Roberts today urged reforms in the Criminal Code and the laws of evidence which would make it simpler to convict sex deviates, treat them and keep them in institutions.
Mr. Roberts, in a brief to the McRuer Commission on Laws Relating to Criminal Sexual Psychopaths, recommended:
That unsworn, uncorroborated testimony of child sex assault victims be ruled sufficient evidence in certain cases to convict their attackers.
That the definition of a criminal sexual psychopath be revised.
That judges he empowered to remand sex crime suspects for mental examination at any time after arrest. (At present they can do this only during preliminary hearings.)
That cars be confiscated from sex criminals found guilty of committing crimes in their
cars.
That police attention be drawn to the fact that anyone previously convicted of sex assaults on children may be arrested as a vagrant if found ioilering near schools, parks or bathing areas.
Two other Ontario Ontario departments.. Health and Reform Institutions, presented briefs to the Royal Commission in its first local sittings.
Mr. Roberts said "a procedural deficiency is clearly indicated" in present laws regarding criminal sexual psychopaths. Only 20 persons have been ruled criminal sexual psychopaths since 1948.
NEW JERSEY LAW
A New Jersey law, whereby anyone convicted of rape, carnal abuse, sodomy, open lewdness, indecent exposure or impairing the morals of a minor, must be sent to a psychiatric diagnostic centre for 60 days, was quoted by Mr. Roberts.
Psychiatrists report privately to the judge in the case before he passes sentence. If mental treatment is recommended, the judge may give an indeterminate sentence not to exceed in length the maximum sentence provided for such a crime.
He may be treated in a hospital and released if considered cured.
"According to state authorities the legislation is working very well," the Attorney General said.
Both Mr. Roberts' brief and that given by Reform Institutions pointed out that there is no mandatory psychiatric examination for sex crime suspects in Ontario and that there is no compulsory provision in criminal laws for treating psychopaths or other deviates in institutions.
Some are treated under ordinary provisions of the Mental Hospitals Act, but the Act "was never intended to be used in this way" and was only a substitute for a proper act under the Criminal Code, said Mr. Roberts.
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