Psych testing on tap for Calgary teen rapist

The Calgary teen who repeatedly raped his four-year-old foster brother after getting the idea from watching gay pornography will undergo a psychiatric assessment.

Youth court Judge Lynn Cook-Stanhope ordered the testing Monday after a report questioned the mental age of the offender, who was 13 when he assaulted his victim over a year-long period.

Cook-Stanhope sent the teen for an assessment of his mental fitness after a previously ordered psychological report suggested he has a “low mental age.”

The judge noted two references in the report raised issues about the offender’s mental status.

“I’m quite troubled by those two statements,” said Cook-Stanhope, without going into specifics of the confidential assessment.

Defence lawyer Ian McNish told court that despite the concerns raised, it was his belief the teen — who pleaded guilty in March — understands the legal process.

“I’ve satisfied myself that I can take instructions from this young man,” McNish said.

“I’m satisfied myself ... this young man understands the judicial process that he’s in.”

But McNish conceded mental health isn’t his area of expertise.

“All I can say is I’m a lawyer, not a doctor.”

Crown prosecutor Carla MacPhail said since the court was troubled by what was in the report, a full fitness assessment should be ordered and Cook-Stanhope agreed.

The offender pleaded guilty to sexually assaulting a four-year-old in a foster home where they had both been placed.

The assaults came to light when neighbours of the home where they were placed witnessed the sexual activity through a bedroom window and called police.

When police showed up the older boy admitted to raping the victim repeatedly for at least a year.

The offender had got the idea “by watching gay porn” he had found at the foster home, MacPhail said during the March court appearance.

The victim was taken by ambulance to Alberta Children’s Hospital where he was examined by Dr. Pauline Head, an expert in child sexual abuse.

“No visible injuries were found,” MacPhail said at the time.

The teen is free on bail pending sentencing.

The case returns to court Aug. 21 to determine if an extension of the 30-day assessment is required.

kevin.martin@sunmedia.ca

On Twitter: @SUNKevinMartin