Admission of a victim refused | Quebec will launch an investigation into the Montreal General Hospital

A woman who had just been sexually assaulted was refused by the Montreal General Hospital because she spoke… French. An “unacceptable” situation, protests the office of the Minister of the French Language, which ensures that an investigation will be launched.

“This situation is unacceptable. The facts reported by the judge are extremely disturbing. Our hearts go out to the victim. All hospitals in Quebec must offer services in French. The OQLF [Office québécois de la langue française] will investigate the availability of services in French at this hospital,” he told The Press the office of the Minister of the French Language, Jean-François Roberge.

This troubling case was revealed Friday at the Montreal courthouse during the sentencing of Martin Jolicoeur, a Lachine resident sentenced to 18 months in prison for having sexually assaulted his friend one evening in July 2020. The 45-year-old man hoped get away with home jail.

In his decision, Judge Alexandre Dalmau briefly addresses the linguistic episode, explaining that an establishment refused to examine the victim “since his mother tongue is French”. He does not mention the name of the hospital.

Gold, The Press was able to listen to testimonies at the trial, which took place in September 2022. The officer from the Service de police de la Ville de Montréal (SPVM) who took charge of the victim that night recounts very events clearly.

“We’re headed to the Montreal General [l’Hôpital général de Montréal]. Unfortunately, since Madame speaks in French, Montreal General decides to refuse us and decides to redirect us to the CHUM where afterwards, we are told that they do not have a kit and directs us to [l’hôpital] Notre-Dame,” testified agent Marc-André Lacroix.

The Montreal General Hospital (MGH) is an Anglophone health facility affiliated with the McGill University Health Centre. It is located west of downtown Montreal. The establishment had not responded to our request for an interview at the time of publication.

“First hospital, I was told that they could not give me service in my mother tongue. second hospital [le CHUM], I was told there was no forensic kit once I checked in. Finally, it was at Notre-Dame Hospital that we were able to make the kit, ”said the victim at the trial.

The CHUM explained to The Press that Notre-Dame Hospital has become the “designated centre” to treat such cases since the merger of the CHUM, the other being the Montreal General Hospital.

“When a person comes to the emergency room with a suspicion of sexual trauma, they are redirected to a designated center which has the expertise in the matter as well as the forensic kits”, commented by email Andrée-Anne Toussaint, door – word of the CHUM.

“When the temptation is too strong”

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 pick her up around 5 a.m. and lug her around three hospitals.

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.

M^e Allan Guttman defended the accused.

With Daniel Renaud, The Press