A Montrealer who sexually assaulted a drunk student while posing as a good Samaritan hopes to get away with community service, even though he still maintains his innocence and denigrates the LGBTQ community. The victim of Vincenzo Mirra was branded with a hot iron by the attack.
“It was the most stressful moment of my life. I had just been robbed of my human dignity. I felt deeply ashamed, guilty […] I was also very angry, especially against me, but also against him, ”wrote the victim in a letter filed in court.
Vincenzo Mirra, a 58-year-old chef, was convicted of sexual assault in February 2022 after his trial at the Montreal courthouse. The Crown announced during sentencing submissions on Tuesday that it intends to seek an 18-month prison term, while the defense is seeking a community sentence or community service.
The pre-sentence report – very unfavorable – describes a “narcissistic” and “controlling” man with a “disempowering” speech. In the report, Vincenzo Mirra makes “disturbing” remarks towards “women with more pronounced curves” and the LGBTQ community. In court on Tuesday, Vincenzo Mirra said he had “nothing against LGBTQ”, then vaguely referred to his “values and beliefs”.
His lawyer, Mr.e Clemente Monterosso, tested the judge’s patience on Tuesday by asking about restaurants owned by the defendant’s parents and a family history linked to Queen Elizabeth II mentioned in a report. “Let’s stay on the Queen”, thus launched the criminal lawyer.
“It’s court time, the questions must be relevant to the sentence”, finally let go of judge Salvatore Mascia, irritated.
Sleeping woman ‘can’t consent’
One evening in September 2016, Vincenzo Mirra meets a 21-year-old woman – a vague acquaintance – drunk and distraught after losing her bag and her keys in a bar. Presenting himself as a Good Samaritan, Vincenzo Mirra offers to host him for the night on his sofa. She accepts since she cannot go home, for lack of wallet. She was also reassured because she knew the accused a little.
The victim describes the rest of the evening as a “black hole”. However, she remembers waking up in the morning with Vincenzo Mirra leaning over her, holding his penis and trying to penetrate her. She then pushes him away before he can touch her. There would also have been full sex during the night.
Judge Mascia gave the accused the benefit of a reasonable doubt – “in extremis” – concerning the sexual relationship during the night. However, the acts committed by the accused, when the victim wakes up, constitute a sexual relationship, ruled the magistrate. “A sleeping or unconscious plaintiff cannot consent,” the judge said.
“I never touched her. Never, ”defended Vincenzo Mirra again on Tuesday.
As the lawyers ran out of time to plead, the case was adjourned to conclude sentencing submissions.