A woman who had just been sexually assaulted could not be treated by a Montreal hospital because she spoke… French. A second establishment even then refused it for lack of a medico-legal kit.
This disturbing treatment was mentioned Friday at the Montreal courthouse when Martin Jolicoeur was sentenced to 18 months in prison for sexually assaulting a friend one evening in July 2020. The 45-year-old Lachine resident hoped to get away with jail at home.
The decision of Judge Alexandre Dalmau very briefly addresses the linguistic episode. Thus, the name of the hospital which refused to examine the victim “since his mother tongue is French” is not specified. Nor the name of the second hospital that did not have a forensic kit for victims of sexual assault.
In this case, Martin Jolicoeur abused his friend’s trust to sexually assault her. That evening, the woman had clearly advised Martin Jolicoeur that she did not want a sexual relationship. Jokingly, the accused had replied that it would be “difficult not to succumb to temptation”. However, he accepted this condition.
Martin Jolicoeur and the victim first drink alcohol at a friend’s house, away from home, then go to a bar to play billiards. They then return to the same place. In a drunken state, 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 and has her back to the accused.
When she wakes up, the woman feels that Martin Jolicoeur is penetrating her. “She doesn’t like it. She does not feel well and does not know what to do, ”summarizes the judgment. After the aggressor has withdrawn, the victim launches to him: “I told you that I did not want”.
“You know when the temptation is too strong. I’m sorry, ”replied Martin Jolicoeur.
The woman feels “betrayed and dirty”. “She is nauseous. She is scared. She decides to leave the house,” the decision reads. The woman calls 911 outside. Patrolmen come to get her. It is with them that she will come up against closed doors because of her mother tongue in a first hospital.
According to Judge Dalmau, the suspended prison sentence (at home) is not appropriate in this case, in particular because of the numerous convictions for non-compliance with the accused’s court orders. The latter also has a history of domestic violence and a pending case for breakage.
The magistrate retains several aggravating circumstances, including the state of vulnerability of the victim and breach of trust. “The offender and the victim are friends. The latter clearly establishes its limits before the meeting. […] The offender transgresses the limits of the victim when she is vulnerable,” said the judge.
The sentencing range for similar sexual assaults is between 12 and 20 months, said the judge. He therefore considers that a prison sentence of 18 months is appropriate. Crown prosecutor M.e Geneviève Rondeau-Marchand demanded two years in prison.
Me Allan Guttman defended the accused.
With Daniel Renaud