A man guilty of repeatedly sexually assaulting a trans woman who gave him half of her earnings from prostitution got away with a very light sentence of 90 days in prison because of his “very convincing” rehabilitation.
Posted at 5:00 am
Louis Samuel Perron The Press
Giving Jacob Laporte a long prison sentence would be ‘completely counterproductive'[f] for the Society, Judge Érick Vanchestein concluded September 28 at the Montreal Courthouse. The fact that the victim was a trans woman was never taken into account when the verdict was pronounced.
This case is not a “classic case” in the sense of the commercialization of sexual services, the judge argues, since the victim prostituted herself “voluntarily” and was “free” of her choice.
The victim met Jacob Laporte on a dating site in May 2018. During their first sexual relationship, the 32-year-old felt “discomfort” at the sight of the victim’s penis. He then clarified with her: “To be his girlfriend, you have to be an escort. A sine qua non condition. In court, he claimed that this “arrangement” would allow the victim to “satisfy his sexual needs,” which he could not do.
The victim eventually quit her job to pursue prostitution for months. She would then hand over half of her earnings to the accused. The Granby resident was found guilty of multiple charges related to the commodification of sexual services last December.
However, he was acquitted of the more serious charges of pimping and trafficking in human beings, despite making “unbelievable” and not very credible statements.
The victim, on the other hand, made a “spontaneous, transparent and honest statement,” according to Judge Vanchestein.
However, the judge concluded that the victim “voluntarily” invested in prostitution for a “quick profit” to pay for the surgeries necessary for his “physical transformation”. In short, the defendant and she entered into an “agreement,” even if the defendant made a profit from it, the judge said.
The victim claims to have clearly said no
Jacob Laporte also forced the victim to perform oral sex on him on at least two occasions. On these occasions, the victim claims to have clearly said no to a sexual relationship. This did not stop the defendant from pulling her “strongly by the hair” into the bedroom to sexually abuse her. In another episode, the defendant elbowed the victim out of the car, causing physical injury. Jealously, he also broke the victim’s phone.
Crown prosecutor Me Luc Pagé asked for three and a half years in prison, a sentence far from exceptional for such crimes. However, Judge Vanchestein deviated significantly from the usual judgments in an “extraordinary way”.
The judge sentenced Jacob Laporte to 15 months house arrest on the prostitution-related charges and a 90-day sentence on the sexual assault charges, to be served over the weekend during the three-year probationary period.
The judge took into account the defendant’s six months of therapy and seven months of pre-trial detention in his calculation.
“serious effort”
Judge Vanchestein based such a judgment on Jacob Laporte’s “serious efforts” to integrate into society for three years. The 30-year-old actually quit doing drugs, dropped out of college at 15, found a good job in electrical engineering, and broke from his bad relationships.
“The court is satisfied that the defendant has demonstrated his rehabilitation particularly convincingly since his arrest,” concludes Judge Vanchestein.
According to the judge, a long prison sentence would therefore be “counterproductive” for the accused and for society. However, two evaluation reports stress that the risk of recidivism “cannot be ruled out”.
In order for his social reintegration to succeed, Jacob Laporte must be able to stay sober, hold his job and take care of his family, the judge concluded. He also believes the verdict was also “dissuasive and denouncing.”
Me Justine Levasseur defended the accused.