Skip to content

Man poses risk for more sexual offenses: expert witness

logo

An Alberta man convicted of sexually assaulting a young girl in Hay River poses a high risk to reoffend, according to a forensic psychiatrist testifying during a hearing in Yellowknife on imposing a dangerous offender designation.

One of two expert witnesses taking the stand during the hearing for Cody Durocher, psychiatrist Alberto Choy testified on June 7 that Durocher, 33, was two to three times more likely to reoffend than an "average sexual offender."

Based on clinical and statistical assessments, Choy said only one to three per cent of sexual offenders would have obtained a higher score than Durocher, who was convicted
in 2016 of sexually assaulting a 13-year-old girl in Hay River.

That was Durocher's 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 Institution, a medium-security prison south of Red Deer, Alta.

Based on a number of assessments conducted on Durocher, Choy told Crown prosecutor Annie Piche that, if Durocher were to reoffend outside of jail and in the community, it would most likely be a sexual offence.

The witness said Durocher required moderate to high treatment, as he displayed a lack of understanding as to why he engages in behaviour that has resulted in three sexual assault convictions.

Choy said Durocher's cycle of sexual offences, pattern of victim blaming and his need to be supervised left him to conclude his risk of reoffending 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 in the hearing, held from June 4 to June 8.

Theresa Van Domselaar, also a forensic psychologist, shared a similar opinion about Durocher's likelihood to reoffend during her June 6 statement to the court.

With a slew of serious convictions, the Crown is seeking to designate Durocher as a dangerous offender – a label reserved for criminals with numerous violent or sexual offences.

While convicted for the Hay River sexual assault, Durocher hasn't yet been sentenced. The decision in his dangerous offender hearing will dictate the 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 court hearing in Yellowknife – which heard from six witnesses – wrapped up on June 8, it will reconvene in either September or November so that the Crown can 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 the RCMP for a probation violation rather than being taken to hospital.