Borsch Pleads Guilty
CJOB's Jeff Keele reporting 9/12/2008
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A former Manitoba soldier who claimed he sexually assaulted a teen girl and didn't remember because of Post Traumatic Stress Disorder has decided not to go to trial again.
Roger Borsch has pleaded guilty for breaking into the girl's home in The Pas and attacking her. As part of a plea bargain the former soldier has accepted a three-year prison sentence minus a year for time already served in custody.
Borsch was found not criminally responsible at trial but that verdict was overturned by the Manitoba Court of Appeal and a new trial was ordered.
Borsch claimed he had Post Traumatic Stress Disorder because of atrocities he witnessed while on a tour of Bosnia in the early 90's.
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Soldier jailed 3 years for sexual assault
By: Mike McIntyre Updated: September 12 at 12:20 PM CDT
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A former Canadian soldier has done a dramatic legal flip-flop and pleaded guilty to breaking into a neighbour's home and sexually assaulting a 13-year-old girl at knifepoint.
Roger Borsch, 36, was given three years in prison this morning under a joint-recommendation between Crown and defence lawyers. He was given double-time credit for six months already served, plus an additional two years behind bars.
Borsch had previously gone to trial and made national headlines when he was found not criminally responsible after becoming the first soldier successfully use post-traumatic stress disorder as a defence for his crimes.
He didn't dispute the facts of the case but was found not guilty of the 2004 attack for reasons of a mental disorder.
Queen's Bench Justice Nathan Nurgitz agreed with Borsch's claims that his mind had been affected by horrific killings he said he witnessed a decade earlier in Bosnia.
The Crown appealed, and Manitoba's highest court agreed last year to overturn the verdict and order a new trial. Borsch then tried to appeal to the Supreme Court of Canada but was rejected.
Borsch told court at trial he was haunted by the horrors of what he witnessed during a 1994 peacekeeping mission when he attacked the girl a decade later.
He claims to have personally killed five people, including a Serbian soldier he caught raping an eight-year-old girl. Doctors who testified in his defence claimed Borsch may have been "acting out" what he'd witnessed.
The Crown argued at trial that Borsch has given different versions of his story to psychiatrists over the years. And he said the military has no written records of the events, which Borsch has said also include the death of a young Bosnian girl who came upon a landmine at a military checkpoint.
Nurgitz's decision to clear him of criminal wrongdoing sparked debate and reaction across the country, including several former soldiers who questioned Borsch's war stories.
Borsch was spared jail in exchange for a trip to a mental health facility, where he spent a few months getting treatment until his release in December 2006 when a provincial review board determined he didn't pose a risk to the public. He had been free in the community ever since.
The Crown had planned to call several of those soldiers had the case gone to trial again. Defence lawyer Greg Brodsky said today his client now admits some of the incidents he recounted may simply be a product of the PTSD he was suffering and didn't actually occur.
At the time of the assault, Borsch was working as a jail guard in The Pas.
Borsch claimed to be in a catatonic-like state when he broke into the a co-worker's home in the middle of the night, taped her teen daughter's mouth shut and then attacked her at knifepoint. The girl eventually managed to free herself and scream for help.
Borsch testified he only remembered waking up hours later in a canoe with no paddles on the Saskatchewan River.
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