Four times more sexual offenders were able to get away with a prison sentence at home in 2023, a sharp increase due to the relaxations permitted by the federal government with the new Bill C-5, deplore several observers.
Last year, 112 of 569 cases of sexual assault resulted in a sentence of imprisonment in the community, according to data from the Quebec Ministry of Justice obtained by The newspaper. This represents almost one in five convictions.
However, in 2022, home prison sentences represented only 27 of the 530 sentences given by judges in the province.
“I’m disappointed, but not surprised. We told them it was going to increase,” said Conservative Senator Claude Carignan, who was the main critic of Bill C-5 in the Senate.
In Sherbrooke and Laval, community prison sentences even represented more than 40% of sexual assault cases in 2023.
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This sharp increase in fact coincides with the entry into force of this law which now authorizes suspended prison sentences for several offenses punishable by 10 years of imprisonment, including some related to drugs and firearms, but also to sexual assault.
“We understand that the measure aims to reduce the over-representation of Indigenous people and black people in prisons, but we feared that a greater number of people would be sentenced to suspended prison sentences in cases of sexual violence,” he said. underlined criminologist Karine Mac Donald, spokesperson for the Assistance Centers for Victims of Crime (CAVAC).
She also indicates that these new provisions may pose security issues for certain victims.
“Most of the time, the victim is known to their attacker. We were afraid that there would be a fear of the justice system in connection with C-5,” mentioned Mr.me Mac Donald, specifying however that judges must assess the safety of victims when determining the sentence.
Use sparingly
In the weeks following the adoption of the bill, a Montreal Crown prosecutor was outraged that a man accused of sexual assault received 20 months in prison at home.
“Justin Trudeau and [le ministre de la Justice du Canada] David Lametti probably has to answer to the victims of sexual assault,” he then testified in court.
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Retired judge Nicole Gibeault, however, wishes to put the figures obtained by The newspapermentioning that there are a lot of criteria to respect before pronouncing a sentence of home detention.
“We removed the barriers, but we did not remove the judgment of judges and all the principles of applying sentences,” she clarified.
The Court of Appeal also recalled last December that “suspended imprisonment can be seen as a softening of the sentence, but the fact remains that this measure constitutes a prison sentence and that it well serves the objectives of denunciation and deterrence when the circumstances of the case justify it.”
With Michaël Nguyen
An unacceptable situation, says the Quebec minister
The Minister of Justice of Quebec, Simon Jolin-Barrette, considers “unacceptable” the recent increase in the number of community prison sentences handed down in sexual assault cases.
“The results [du projet de loi C-5] materialize and it is completely unacceptable. Offenses of a sexual nature have devastating consequences on the people who are their victims and it is imperative that the sanctions imposed reflect the seriousness of these acts,” the minister said. Newspaper.
This statement echoes that of Prime Minister François Legault and his counterparts who, last summer, called on Ottawa to rectify the situation.
Archive photo, Stevens LeBlanc
“We have repeatedly alerted the federal government to the significant impact that C-5 could have on the confidence of victims of sexual violence in the justice system,” said Minister Jolin-Barrette.
He notably tabled a motion in the National Assembly last spring accusing Ottawa of inflicting “a setback in the fight against sexual violence”. This was adopted unanimously.
“Allowing such punishments […] also goes against the efforts that all stakeholders in the Quebec justice system are making to prevent victims from hesitating to denounce and file complaints,” mentioned the Minister of Justice.
They received a home sentence
18 months at home
Félix Boudreau-Dénommé, 24 years old
The Centre-du-Québec resident had met his victim through the dating function on Facebook. During their first meeting at the woman’s home in 2021, there was consensual sex, but Boudreau-Dénommé wanted more, so when the young woman fell asleep, he sexually assaulted her .
20 months at home
Jonathan Gravel, 44 years old
Jonathan Gravel received a 20-month sentence in the community after eight years of proceedings.
Photo Nicolas Saillant
In 2014, the Notre-Dame-de-l’Île-Perrot resident forced a partner into anal sex, without caring that she really didn’t want it. By dragging out the proceedings for eight years, however, he was able to benefit from the change in the law in order to serve his sentence in the comfort of his home.
21 months at home
Martin Brosseau, 48 years old
In 2019, the Sherbrooke resident had accidentally met the victim during a bar outing. The woman had agreed to go to his house, but after some rapprochement, she wanted to leave. Brosseau instead invited her to go lie down. It was there that he raped her, then took her home.
12 months at home
Victor Massue, 20 years old
The Montreal student did not understand that when a woman demands to wear a condom, it is not just a suggestion. In fact, by discreetly removing his protection during sexual intercourse in 2022, he committed sexual assault. But even though the victim became pregnant and even though his joy of life has since vanished, Massue was able to serve his sentence at home, after swearing that he would “not do it again.”
12 months at home
Jean-Pierre Lajoie, 78 years old
The Baie-Saint-Paul resident was 25 years old when he sexually assaulted a 9-year-old girl. The victim finally filed a complaint almost 50 years later, and Lajoie was charged with indecent assault. Initially sentenced to two years less a day in prison, he managed to overturn his sentence before the Court of Appeal and can now serve his sentence at home due to “his precarious health” and an “almost zero risk of reoffending.” “.