A woman who had just been sexually abused could not be treated at a Montreal hospital because she spoke… French. A second institution rejected this at the time because there was a lack of medical and legal equipment.
Posted at 11:57 am.
This troubling treatment was mentioned at the Montreal courthouse on Friday, when Martin Jolicoeur was sentenced to 18 months in prison for sexually abusing a friend on a July 2020 evening. The 45-year-old Lachine resident hoped to get away with a jail sentence at home.
Judge Alexandre Dalmau’s decision briefly addresses the linguistic episode. The name of the hospital that refused to examine the victim “because his mother tongue is French” is not given. Neither was the name of the second hospital that had no forensic equipment for victims of sexual assault.
In this case, Martin Jolicoeur abused his girlfriend’s trust to sexually assault her. That evening, the woman had made it clear to Martin Jolicoeur that she did not want a sexual relationship. The accused had jokingly replied that it was “difficult not to succumb to temptation”. However, he accepted this condition.
Martin Jolicoeur and the victim first drink alcohol away from a friend’s house and then go to a bar to play billiards. Then they return to the same place. While drunk, the woman told Martin Jolicoeur that she was tired and wanted to sleep. He offers her to go to bed. She falls asleep on one side of the bed with her back to the defendant.
When she wakes up, the woman feels Martin Jolicoeur penetrating her. “She doesn’t like it. She’s not doing well and doesn’t know what to do,” the verdict summarizes. After the attacker retreats, the victim throws at him, “I told you I didn’t want that.”
“You know when the temptation is too great. I’m sorry,” Martin Jolicoeur replied.
The woman feels “betrayed and dirty”. “You’re sick. She is afraid. She decides to leave the house,” the decision said. Outside, the woman calls 911. Patrol officers come to get her. Because of her mother tongue, she will be standing in front of closed doors in a first hospital.
In Judge Dalmau’s view, the suspended (at home) sentence in this case is not appropriate, particularly given the numerous convictions for failure to comply with court orders by the defendant. The latter also has a history of domestic violence and a pending hernia charge.
The judge cites several aggravating circumstances, including endangerment of the victim and a breach of trust. “Perpetrator and victim are friends. The latter clearly sets its boundaries before the meeting. […] “The perpetrator oversteps the victim’s boundaries when they are vulnerable,” the judge said.
The sentence range for similar sexual assaults is between 12 and 20 months, the judge said. He therefore considers a prison sentence of 18 months to be appropriate. Crown Prosecutor Me Geneviève Rondeau-Marchand asked for two years in prison.
Me Allan Guttman defended the accused.
With Daniel Renaud