An Alberta man convicted of sexually assaulting a young girl in Hay River poses a high-risk to re-offend, a forensic psychiatrist testified during day four of a dangerous offender hearing.
One of two expert witnesses taking the stand over the week-long hearing for thirty-three-year old Cody Durocher – convicted in 2016 of sexually assaulting a 13-year-old girl in Hay River two years earlier – the psychiatrist testified Durocher was two to three times more likely to re-offend than an “average sexual offender.”
Based on clinical and statistical assessments, he said only one to three per cent of sexual offenders would have obtained a higher score than Durocher.
Durocher's conviction for the sex assault in Hay River was his fourth conviction for a sexual offence.
He was found guilty for the 2010 sexual assaults of two women in his home province.
Durocher is currently serving federal time at the Bowden Institutution, a medium-security prison south of Red Deer, AB.
Based on a number of assessments conducted on Durocher, the witness told Crown prosecutor Annie Piche that if he were to re-offend outside of jail and in the community, it would most likely be a sexual offence.
Thursday's witness said Durocher required moderate to high treatment needs, as he displayed a lack of understanding as to why he engages in behaviour that has resulted in three sexual assault convictions. The forensic psychiatrist said Durocher's cycle of sexual offences, pattern of victim blaming and his need to be supervised left him to conclude his risk of re-offending would be mitigated if he stayed behind bars until his late 50s or early 60s.
The forensic psychiatrist's clinical-based opinion was echoed by a number of other witnesses who took the stand earlier this week.
Wednesday saw Theresa Van Domselaar, a forensic psychologist share a similar opinion about Durocher's likelihood of re-offending.
With a slew of serious convictions, the Crown is seeking to designate Durocher as a dangerous offender – a label reserved for criminals with lengthy violent or sexual offence-related rap sheets.
While convicted for the Hay River sexual assault, Durocher hasn't yet been sentenced. The decision in his dangerous offender hearing will dictate which sentence the court imposes – which could be an indeterminate sentence.
Day one of the hearing heard testimony from Matthew Kennedy, an institutional parole officer assigned to Durocher at Alberta's Bowden Institution.
Kennedy – tasked with monitoring the behaviour and program completion of offenders – told the court he has been assigned to Durocher since January 2015.
Characterizing Durocher's behaviour as going through “peaks and valleys,” he testified the offender's time behind bars, in general, hasn't been positive, citing multiple institutional convictions.
Institutional convictions are entered against inmates found guilty of committing an offence behind bars.
The bulk of Durocher's convictions, Kennedy said, were for “engaging in the tattoo subculture.” He was found with a contraband tattoo gun on one occasion.
Durocher is currently undertaking an Indigenous-focused high-intensity sexual offender program after being suspended from a similar program for disrupting the class.
While the first stage of the hearing – which heard from six witnesses – has wrapped up, it will reconvene in either September or November so that the Crown call three remaining witnesses.
One of three people yet to take the stand is an expert witness, Piche told Northern News Services.
Following the scheduled second round of testimony, Piche said it’s hard to say when exactly a decision will be rendered.
The Hay River sex assault made national headlines after it was revealed the victim was arrested by RCMP for a probation violation rather being taken to hospital.