An ex-paramedic from Urgences-santé who sexually assaulted two “particularly vulnerable” patients while being transported by ambulance was sentenced to 11 months in prison on Thursday. Relieved by the judgment, one of Sylvain Depairon’s victims urges women to denounce their attacker, despite the length of the legal system.
” [Il faut] denounce. Denounce a lot. It is by denouncing that the aggressors will end up being discouraged. It will create a deterrent for the aggressor. We must denounce as much as possible. That’s why I wanted to do it, ”insisted Zoé *, who courageously confided in the media after the decision at the Montreal courthouse.
In his long judgment, Judge David-Emmanuel Simon also sent a clear message to health professionals. ” [Ceux] who would be tempted to take similar actions must understand that such a breach of trust in vulnerable victims is unacceptable and fraught with consequences, ”the judge concluded.
Nicknamed the “King of the Clowns” in his parallel artistic career, Sylvain Depairon assaulted his first victim on the tarmac at the airport, while she was being transferred urgently by plane-ambulance for an operation in June 2017. Due visually handicapped, this vulnerable woman can only distinguish shapes, colors and light.
While fastening the stretcher belts, the paramedic touched the genitals and left breast of his immobilized victim. She was only wearing a hospital gown. The professional then stroked the victim’s nipples twice, checking whether the belts were properly fastened.
Since then, this woman no longer trusts health professionals, lives in fear and has nightmares, she said in a letter summarized by the judge.
A few months later, Sylvain Depairon transported Zoe, a young woman in an ambulance who was to be hospitalized at the request of her psychologist. In the ambulance, the accused “whispers to her that he finds her beautiful” and takes advantage of her vulnerability to kiss her on the breasts. The attacker also slipped a hand under Zoe’s jeans to touch her genitals. An assault that lasted half an hour.
This assault at the hands of a healthcare professional had serious consequences in Zoe’s life. Since then, she has fallen into a state of hyper vigilance at the only sight of an ambulance on the road. She was “devastated” by the assault, says the judge.
“It had multiple consequences […] anxiety and depression. I’m fine now, but I had a period where it was very, very difficult, ”said Zoe after the judgment.
This imposed sentence is, however, a “release” for the young woman. “I’m super happy with the decision. It’s a nice loop that is being done today, ”she told the media.
The Crown demanded a sentence of 20 to 24 months in prison against Sylvain Depairon, while the defense asked for 90 days in prison to serve the weekend. The judge essentially cut the pear in half by imposing 11 months in prison on the 60-year-old ex-paramedic after a long review of case law.
“The serious breach of trust committed by the delinquent in the place of two particularly vulnerable victims who suffered and are still suffering from significant psychological consequences place the moral culpability of the delinquent at a high level”, concluded the judge.
The judge underlines among the mitigating factors the admission of guilt of Mr. Depairon – he pleaded guilty in July 2020 -, his sincere remorse, his low risk of recidivism and his lack of criminal record. The judge also evokes the context of the first assault, perpetrated on his return to work following the death of his son after a long illness.
Note that Sylvain Depairon worked for a long time as an amateur clown.
In his ruling, Judge Simon sent a “deterrent” message to health professionals, said Crown Prosecutor M.e Rachelle Pitre. Me Mike Junior Boudreau defended the accused.
* Fictitious name