Okay. The guy assaulted an unconscious girl. And maybe another, too, in time. OK. He inserted his fingers into her vagina and took pictures of her private parts. It’s not good, we get along, but…
Posted at 4:54 p.m.
But he did it fast!
But he was drunk!
But he is a person of good character!
But he grew up in a respectable, close-knit family!
But he won’t be able to travel anymore, poor thing, if we stick him with a criminal record!
All of these outdated arguments are found in a recent and scandalously bad decision by Judge Matthieu Poliquin, newly appointed to the Court of Quebec.
PHOTO FROM LEGAL SERVICES COMMISSION TWITTER ACCOUNT
Judge Matthieu Poliquin
In his great magnanimity, the Trois-Rivières magistrate granted a discharge to Simon Houle, a young engineer who had pleaded guilty to charges of sexual assault and voyeurism against a sleeping student.
The Crown was asking for 18 months in prison. Nothing unusual for a sex crime of this nature. But for Judge Poliquin, it was too severe. With a record, you see, Simon Houle could say goodbye to his possible career abroad.
The other arguments put forward to justify the absolution are just as shocking, as they minimize the crime and its devastating impact for the victim. This one, for example: “The serious and criminal acts that [Simon Houle] posed with regard to the victim are contextual and punctual in his life. »
In other words, Simon Houle is a decent man in every way, except when he assaults women. Fortunately, that doesn’t happen often. He admitted to his shrink that it was not a first for him, but this admission, the judge believes, demonstrates “his desire for transparency”.
No, but, what a nice guy, all the same.
Judge Poliquin further writes that Simon Houle “is ashamed” and that his crime “does not represent the person he wants to be”. Moreover, “this explains why his father and his brothers are not aware of the present charges”. And the desire for transparency in all this? Poof! Faded away.
Matthieu Poliquin notes that the attack took place “all in all quickly”. It would therefore be less serious when it goes fast. Simon Houle undressed his victim, assaulted her, took nine photos. But, oh! It didn’t take him long!
That’s not all. Hey, no.
The Court takes into account the state of drunkenness of the aggressor, which does not constitute a justification, but “may allow to explain a behavior”. Note the nuance, subtle.
The victim was hospitalized in psychiatry. She failed college classes. She was off work. Meanwhile, Simon Houle, on the loose, finished his studies and found a good job. But reading the judgment, one might think that he is the victim.
According to Justice Poliquin, the accused “has always been an asset to society”. Translation: it’s not a BS, it’s a son of good family! He worked hard to get there, let’s not ruin everything with a conviction for a vulgar case of touching-pee during a drunken evening…
“Certainly, the defendant did not lead a perfect life. On the other hand, the Tribunal considers that he has generally demonstrated that he is a person of good character. »
Couso, was this judgment rendered in 1952?
Most discouragingly, he is not the work of a dinosaur like Jean-Claude Braun, who said in 2017 that a young victim was fat and was probably flattered to receive the attention of his attacker.
No, this judgment was rendered by Matthieu Poliquin, appointed judge by the Minister of Justice, Simon Jolin-Barrette… in September 2021.
It makes it even more incomprehensible. And that shows how essential the creation of a court specializing in sexual and domestic violence, where judges will receive ongoing training in these matters, is essential. Even in 2022.
“The Court is of the opinion that the public would not lose confidence in the credibility of the judicial system if the accused is exonerated”, writes Matthieu Poliquin in his decision.
Difficult to be more in the field than that.
It is difficult to undermine so much, in a single decision, the already too fragile confidence of victims of sexual violence in the judicial system.
In the office of Minister Jolin-Barrette, they say they understand “the disarray and frustration” of the victims. The Director of Criminal and Penal Prosecutions has confirmed his intention to appeal the decision. Clearly, Justice Poliquin erred. And not nearly.
In 2022, such a decision no longer passes. Not after all that Quebec society has gone through: #metoo, denunciations, collective awareness.
In his decision, Matthieu Poliquin admits that many victims feel abandoned by the justice system. He admits that a judge must “be aware of his social environment”. That said, he writes, the Tribunal must be “guided by the rule of law and not by public outcry.”
With all due respect, your lordship: having a little judgment, for a judge, can’t hurt either.