​Victims had to recount their assault to get legal aid

At least three victims of sexual or conjugal violence had to recount their assault once again when the Rebuilding telephone line took over last fall from the legal advice service offered by the Juripop clinic. However, the experts agree that plunging a victim once again into their account of the assault contributes to re-victimizing this person and constitutes a barrier to access to justice.

This is the case of Léa (fictitious first name), but also of at least two other victims, who were forced to tell their story again, according to the director of Rebuild, Marie-Claude Richer. “Me, I had three files, to my personal knowledge, says Me Rich. But were there more? Probably, but I can’t tell you how many. »

Me Richer says that Juripop — which has been offering legal advice and support services to victims of sexual or domestic violence since the spring of 2020 through a pilot project funded by the Quebec government — did not respond to requests to transfer files to Rebâtir.

This new telephone service, run by the Commission des services juridiques du gouvernement du Québec, took over the project in October Juripop pilot, offering victims free four-hour legal consultations.

“I had contacted resource people at Juripop to explain to them how we could operate [pour les transferts]. But unfortunately, there was no follow-up”, mentions Me Rich.

Additional funding

The director general of Juripop, Sophie Gagnon, nevertheless assures that the organization has been vigilant to prevent people from having to tell their story of aggression again. Additional funding was obtained from the Government of Quebec to allow lawyers to close the files entrusted to them, beyond the deadline of the pilot project set at September 30.

“It was extremely important for us to make sure that people didn’t have to repeat their story again,” said Ms.e Gagnon. The Ministry of Justice was very sensitive to this and authorized us to complete the files that were still open. [après le 30 septembre]. »

Thus, Juripop has received additional funding until December 31 so that its lawyers can close approximately 400 files that are still active. Then, a second additional funding was granted until June 30 to complete the remaining 50 files.

Since the pilot project was extended, there was no need to transfer files to Rebâtir, points out Sophie Gagnon. She nevertheless asserts that it is “regrettable” that certain files could have slipped through the cracks.

This is the case of Léa’s file. The 23-year-old young woman, victim of a sexual assault, had developed a relationship of trust with a lawyer who worked for Juripop and who accompanied her in her efforts. The duty has decided to withhold the identity of the two people involved in this case since legal proceedings are underway.

“Overnight, it was as if I had no more support,” she laments. I called Rebâtir and I had to start my whole story from scratch. I had asked for a file transfer. » Emails, which The duty was able to consult, were sent by Léa to the lawyer and to Juripop, but they remained unanswered.

By speaking, the young woman wishes to denounce the general lack of support offered to victims. “I wonder which was worse: the rape or going to seek help? And it’s not normal [que je me pose cette question] thunders the graduate student.

Lea’s story

Last September, Léa invited her friend Antoine (fictitious first name) to spend the evening at her place. Every evening, the young woman takes medication to treat a neurological disorder. “They have the effect of putting me to sleep harshly and making me confused,” she says. A state of which Antoine is perfectly aware, says Léa.

The next morning, when Léa goes to the toilet, she notices that she is bleeding, without understanding why. Gradually, images and feelings of a sexual relationship resurface. “I remember all I felt was pain in my vulva,” she says. But I was so weak that I was unable to say no to him, to move and to crush him. »

The following days, her friends help her understand that what she has experienced is rape. “I was not able to consent,” she drops, moved. It was then that a fight to get help and file a complaint began.

Two days later, Léa calls a hotline for sexual violence. A first responder advises her to settle this question directly with Antoine, by talking to him, says Léa, protesting. When she calls back, a second worker advises her instead to ask for a forensic kit, which allows samples to be taken from victims of sexual violence.

A first hospital center refuses to receive her because of her place of residence. She then goes to another hospital, where a doctor establishes that she suffers from a fissure in the vulva, according to documents that The duty was able to consult.

File a complaint

The young woman then decides to file a complaint against her attacker. A distressing experience, she said. “The investigator told me that my case was very complex, that it was really nebulous, what had happened, and that it was still me who had taken my medication. »

This one would have tried to dissuade Léa to continue its steps. The investigator allegedly told him that the likelihood of a prosecutor filing charges was very slim and that this would have significant consequences for Antoine’s future and reputation. “He said to me, ‘If you were my daughter, I would tell you not to press charges.’ »

Léa also took steps to be followed by a center for help and the fight against sexual assault (CALACS). However, she had to call four CALACS before one of them found a place for her for five sessions.

Despite the measures deployed in recent months to improve support for victims of sexual assault, Léa believes that what she has experienced is inhuman. “What the system made me live, it’s a real ordeal,” she said with a sigh. By telling her story, the young woman hopes to be able to change things, or at least raise awareness. “No victim should go through what I went through. »

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