How Could You? Hall of Shame-Canada-Robert Horsburgh UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Ontario, Canada, foster parent and former Children’s Aid Society board member Robert Horsburgh, 75, pled guilty  to having had an illegal sexual relationship with a 15-year-old foster daughter in the 1970s. He will be sentenced on September 17, 2012.

“The victim, identified only by the initials M.A., was 15 at the onset of the offences, and Mr. Hornsburgh [sic]was in a position of trust 35 years ago as a foster parent.

Section 153 of the Criminal Code, under which Mr. Hornsburgh [sic]was charged, provides a maximum sentence of 10 years’ imprisonment and a minimum of one year in jail for “sexual exploitation,” but at the time of the offence the minimum was 45 days.

 

In this case, both Assistant Crown Marie Balogh and defence lawyer Linda Lamb are asking for 12 months. But Ms. Balogh is seeking incarceration whereas Ms. Lamb wants a conditional sentence or, as she expresses it, “jail time to be served in the community.”

Whichever, or whatever, is imposed Monday, the case is upsetting to Dufferin Child and Family Services.

“When a situation such as this occurs, it is tragic and upsetting. Our thoughts are first and foremost with MA.

Our commitment to ensuring the safety and well-being of children in this community is unwavering,” said Jennifer Moore in an emailed comment.

“We will not tolerate abuse or maltreatment of any kind. Every allegation brought to our attention is taken seriously and investigated thoroughly. When children are placed in the care of a foster family, they have the right to be safe, respected and well treated.”

Ms. Moore, manager of Human Resources and Organizational Development for DCFS, is handling communications on behalf of the executive director, who is out of town.

She said there have been “some significant changes to the legislation and ministry standards guiding our work, protocols developed between child protection and police services, and provincial changes with respect to the approval and training of foster parents” since the 1970s.”

 

Sentencing set for sexual abuse of teenaged foster child

[Orangeville Citizen 9/13/12 by Wes Keller]

““When Robert Horsburgh is sentenced, my jail sentence will finally end,” MA said while reading her victim impact statement in court.

Dufferin CAS placed MA in Horsburgh’s Orangeville home, with his wife, daughter and two sons, in November 1975. At the time, the victim was 15-years old.

“This was supposed to be a safe haven,” Crown Attorney Marie Balogh said.

The first sexual contact between Horsburgh and his foster daughter — an opened-mouth kiss — happened at a Christmas party in 1975. Horsburgh acknowledged the kiss was wrong and promised it would never happen again.

“I remember singing Silent Night. That song is a trigger for me now,” MA said. “I have never been able to enjoy a Christmas Eve service ever since.”

On New Year’s Eve of the same year, Horsburgh broke his promise. In the living room of their Orangeville home, Horsburgh fondled his foster daughter’s breasts.

“Before this happened, I was the happiest I had ever been and life was as good as it had been,” said MA, who considered the Horsburgh’s her family. “After this happened, my life completely fell apart and I had a complete breakdown.”

The sexual encounters continued to escalate. By June 1976, Horsburgh was having “full intercourse” with his victim.

“He always told her she had no need to worry about pregnancy as he had a vasectomy,” Crown attorney Marie Balogh said while reading from an agreed statement of facts.

Horsburgh continued to have sex with the victim, usually once or twice per week while his wife was at swimming lessons, until MA left for college in September 1977.

“There was one occasion (MA) went to bed early trying to avoid being alone with the defendant,” Balogh said. “He had full intercourse in her bedroom while his daughter slept in the bed next to (MA).”

When MA left for college, Horsburgh was no longer her legal foster parent. However, he continued to visit her at school.

“Robert Horsburgh would visit her at college and take her to a hotel room about once a month for sex,” Balogh said. “He would often give her extra spending money while visiting.”

After a breakdown the following year, MA told her doctor of the sexual abuse.

“She could no longer cope with it any longer,” Balogh said.

MA continued to battle depression and anorexia, eventually explaining the abuse to then-Dufferin CAS executive director Gary Putman in May 1981.

“After the disclosure, she ended up in the psychiatric ward of a Toronto Hospital,” Balogh said.
MA has suffered from continuous psychiatric problems since.

“I still don’t sleep in a bed. I sleep on the couch because I feel safer,” MA said. “I sleep with the television on because the sound keeps me safe. The quiet brings flashbacks.”

According to the statement of facts, Putman interviewed Horsburgh about the victim’s allegations. Horsburgh, who also volunteered as a Cub Scout leader, hockey coach and Army Cadets leader, confessed to his sexual relationship with his foster daughter.

“As of May 7 (1981) this couple is no longer fostering with our agency and the foster father’s resignation from the board of directors was accepted,” Putman wrote in a letter to the Ministry of Community and Social Service. “In order to protect this family from fostering in the future, we have as of June 24 registered the foster father with the Child Abuse Registry.”

However, Dufferin CAS did not report the abuse to police.

“CAS did not suggest (MA) go to police. We have no answer as to why,” defence attorney Lynda Lamb said.

In April 2004, MA contacted Dufferin Child And Family Services, requesting disclosure of her file and received a letter outlining the history with the CAS, as well as the sexual conduct. Six year later, she contacted the Orangeville Police Service to report the incidents. Horsburgh was arrested and charged with illicit sexual intercourse with a foster daughter – an offence that was repealed in 1988.

Horsburgh will return to court on Monday (Sept. 17) for sentencing.

“I lost my life, my family my job, my home,” MA said. “He still has his job, his family and his home.”

Guilty plea in sex with foster child case

[Orangeville Citizen 9/11/12 by Bill Tremblay]

REFORM Puzzle Piece

Update: “Robert Horsburgh will serve one year in jail for an illicit sexual relationship with his former foster daughter. Horsburgh, once a board member of Dufferin Children’s Aid Society (CAS), was sentenced to 12 months in prison, followed by 12 to 15 months probation, on Monday (Sept. 17).

He also faces a DNA order, a 10-year firearm ban, and will be added to the sex offender registry  Horsburgh told the judge he regrets his actions, during the case’s closing arguments a week before sentencing. “My actions have brought shame to my family,” Horsburgh said. “I deeply regret the pain and suffering I’ve caused.” Horsburgh, 75, pled guilty on June 11 to having illicit sex with a foster daughter, more than 35 years after various incidents occurred. Dufferin CAS placed the victim, who can only be identified as MA, in Horsburgh’s Orangeville home, with his wife, daughter and two sons, in November of 1975.

At the time, MA was 15 years old. The first sexual contact between Horsburgh and his foster daughter occurred months after MA moved into her new home. The contact between Horsburgh and his foster daughter developed into “full intercourse.” Horsburgh told the court he hopes his guilty plea would bring closure after more than three decades. In 2010, Horsburgh was arrested and charged with illicit sexual intercourse with a foster daughter — an offence that was repealed in 1988.

“There is an overwhelming sense of relief this will bring closure to MA and my family,” Horsburgh said. Defence attorney Lynda Lamb said Horsburgh’s guilty plea demonstrates he regrets this illicit relationship. “I cannot think of a stronger sign of remorse than this plea of guilty,” she said. Lamb asked the judge to consider a one-year conditional sentence, 15 months of probation, a DNA order and a 10-year weapons ban, as well as Horsburgh’s inclusion on the sex offender registry. “Mr. Horsburgh is not a clear and present danger to anyone in the community,” Lamb said. “He has fully accepted all responsibility for his actions.” However, Justice Meredith Donohue noted a conditional sentence is unusual for a conviction involving sex crimes.

Donohue added Horsburgh’s health is not an issue when considering sentencing, as he is still able to work full-time.  Although Horsburgh has no criminal record, Donohue said the sentence serves as a deterrent to society. Media coverage and the community discovering his actions also serve as punishment, Lamb said. “He will lose the respect of his community,” Lamb said. “He will carry this for the rest of his life.” Lamb added Horsburgh did not know his sexual relationship violated criminal law. “It was viewed as morally wrong,” she said. Crown Attorney Marie Balogh said ignorance of the law is no excuse. She asked the judge to consider 12 months in jail, as well as probation, a DNA order and a decade long weapons ban and sex offender registry. “We have a young person as a victim,” Balogh said. “A child in need of protection already.” The crown added there is no reason Horsburgh cannot serve a prison sentence. “There are no dire health issues,” Balogh said.”

Jail time for illicit sex with foster daughter

[Orangeville.com 9/17/12 by Bill Tremblay]