A Montrealer with no history will pay dearly for his non-respect of a partner’s consent, since he received 18 months in prison for having imposed a sexual practice on her despite her refusals.
“By acting in this way, the accused exercised total strength and control over the victim, leaving her in a state of helplessness to the point where she allowed herself to be done until he ejaculates,” recently said Judge Flavia K. Longo at the Montreal courthouse.
The accused Ali Khalil, 27, hoped instead to get away with home prison and community service for his crime which occurred in June 2020. During a sexual relationship with a young woman, he had attempted penetration anal.
The victim categorically refused when Khalil forced her “out of the blue”, holding her firmly by the waist to prevent her from escaping the situation.
During the trial, he claimed that his partner had accepted and that she had had fun according to him, but his changing and contradictory versions sealed his fate.
Not dangerous
Found guilty of sexual assault, Khalil requested leniency from the court, emphasizing his good profile. Not only was his criminal record clean, but he had a good job in a cosmetics company, in addition to having good family support.
“A probation officer concludes that the accused is able to respect social rules and will not engage in antisocial behavior in the future,” explained the judge, noting that the reports about him were favorable.
In theory, this could have earned Khalil house arrest. The magistrate also said she was convinced that such a sentence “would not endanger the security of the community”.
Except that it was necessary to send a message to all those who find themselves in the same situation as Khalil and who decide to ignore their partner’s refusals to certain practices, even if they agree to others.
Marked victim
And that’s without taking into account the trauma experienced by the victim, whose trust in the accused was betrayed.
“She wished she had only felt physical pain, but that was not the case,” the judge said. She experienced the pain of impotence since her sexuality was taken away from her.”
Thus, the judge leaned in favor of Me Jessica Drolet of the Crown. Not only did she sentence Khalil to 18 months of incarceration, but he will then have to serve three years’ probation.
He will also be placed on the sex offenders register for 20 years. This means that every year during this period, he will have to report to the authorities to update a range of personal information, in order to help police prevent and investigate sex crimes.