A man with sexsomnia found not criminally responsible for sexually assaulting his sister has been completely forgotten by the justice system and has never had a follow-up, laments his victim.
“I can not believe it. He fell between two cracks, ”launches the stunned lady. In January 2019, she and her brother had gone to a friend’s house in Quebec to spend a weekend outdoors.
Lying next to her brother, the victim woke up as the then 34-year-old had his hand between her legs and masturbated her. The Gatineau woman immediately left the place and filed a complaint against her brother for sexual assault.
Not Criminally Responsible
At trial, the accused pleaded sleep parasomnia to explain his action. Thanks to the testimony of a sleep disorder expert, his spouse and even an ex-spouse, the man who cannot be identified to protect the identity of the victim has been declared not criminally responsible for the assault sexual.
This decision did not mean that the carpenter-joiner was free. With a maximum of 90 days, the judge had sent the case to the Mental Disorder Review Commission (CETM), like any accused declared not criminally responsible for a crime.
However, eight months after the verdict, the accused was never summoned by the Commission for his assessment. He is therefore free as the air except for the promise still in force not to communicate with the complainant.
No following
For his part, the victim never accepted the verdict, in particular because his brother knew that he had episodes of sexsomnia with his spouses before his sexual assault. “I still don’t believe in his defence,” she says.
A year after her painful testimony before the Court, the lady wanted to know where her brother’s psychiatric follow-up was. “I wanted to reassure myself. Knowing that he really has a follow-up,” she explains.
What was his surprise to learn that the file of the accused had never been forwarded to the Commission.
“He gets away with it from start to finish,” says the one who deplores the laxity of the justice system. After asking questions, the victim received this answer from an employee of the registry in Quebec: “probably it was perhaps lost.
“This is unacceptable. If I had not informed myself, what is it? There would never have been a follow-up, ”she questions. The Journal was also able to verify that there was no file of the accused at the Commission.
The newspaper spoke with the accused in the file who confirms that he had no follow-up. “I’ve been waiting for the summons for a long time,” he said.
On a waiting list to have access to a psychiatrist, the accused assures us that he wants to have a follow-up and simply believed that he was waiting for an overwhelmed CETM.