The Attorney General recommended that incest be ruled grounds for instituting action. under sex psychopath laws. At present incest is not included.

He recommended that medical authorities discuss a new, clearer definition.

Under the present definition, a criminal sexual psychopath is "a person who, by a course of misconduct in sexual matters, has shown a lack of power to control his sexual impulses and who as a result is likely to attack or otherwise inflict injury, pain or other evil on any person."

In a recent Ontario case, said Mr. Roberts, a judge ruled that since a man guilty of several sex offenses against little girls "showed cunning, planning, resourcefulness and preparation, he could not be said to show a lack of power to control his sexual impulses."

The province was not even able to appeal this decision, said Mr. Roberts.

He asked extension of the time limits on applications to have persons declared psychopaths.

He pointed out that it was difficult to obtain evidence of past behavior of suspects since families refused to give information. Another stumbling block in declaring more persons criminal sexual psychopaths was the psychiatrist's present inability to support his opinion by quoting statements of the accused.

He suggested that certificates by two psychiatrists filed with a court clerk should be sufficient evidence to commit a person as a criminal sexual psychopath. The psychiatrists would state the facts on which they based their opinions and would be allowed to quote statements of the accused.

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CHILDREN'S EVIDENCE

Children's evidence against their suspected attackers could be accepted, even though the children were not under oath. under another recommendation by Mr. Roberts.

Present laws require such evidence to be corroborated by other sworn evidence.

"There are a great number of cases where the court is convinced beyond all reasonable doubt that the unsworn testimony of a child should. in the circum. stances, be accepted." Mr. Roberts said. Under the present law re quiring corroboration of the unsworn testimony of children. guilty offenders in sex matters are acquitted and returned to society to again perpetrate their crimes."

(In Hamilton recently a man was acquitted of 12 charges of assaulting children because the victims' evidence was uncorroborated.)

If such evidence were ruled acceptable, judges would be required to tell juries that it is not safe to find the accused guilty in the absence of such corroboration, but that they are entitled to find the accused guilty if they are satisfied beyond a reasonable doubt" that the evidence is correct.

The briei urged changes in regulations of probation and parole in order to give greater control of persons released. They would be required to take treatments while on probation or parole.

Fines for sex offenders "involve an entirely wrong principle." Mr. Roberts said.

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The Reform Institutions brief irged wider use of legislation permitting indeterminate tences to be passed so that persons could be released but jailed again if they failed to take treatment.

Sex Psychos Get

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