From November 25 to December 6, Quebec marks the Days of Action against Violence Against Women. Increase in femicide, cyber violence and commercial sexual exploitation. Rape culture is very present in cyberspace and only 6% of sexual assaults reported to the police in Canada.
Let’s look at sexual assault and incest.
When we look back over 20 years, we cannot deny several advances in the protection of victims of sexual assault and incest in our judicial system, mainly in the Criminal and Penal Chamber. Although there is still a long way to go, measures have been taken to support victims in this difficult journey of reporting.
The establishment of specialized courts for sexual and domestic violence is also a significant gain. However, as usual, the judicial system is discordant and riddled with flaws.
In fact, the left brain doesn’t seem to talk to the right.
- Listen to the interview with Maria Mourani on Sophie Durocher’s show via QUB radio :
Victims who are no longer victims
While the system deploys a range of measures to support and protect victims during their criminal reporting process, the administrative and civil courts are completely disconnected.
I hear horror stories frequently. Nova’s is typical*. She also asks me to tell you some stories about it. Sexually assaulted by a member of her family when she was only 7 years old, over several years, she decided to file a complaint. The attacker is sentenced to a derisory sentence and is prohibited from approaching him.
However, to his great surprise, Nova finds himself at the same table as the attacker in the presence of his lawyer during his civil complaint. He sits right in her line of vision as if nothing happened. She felt deeply humiliated.
Nova is no exception. There are several of them who experience this type of encounter of the third type. Some victims may even be cross-examined by their attackers who often deliberately do not hire a lawyer. Narcissistic perverts enjoy this little game of cat and mouse.
Imagine the terror of the victims, especially since a civil complaint requires disclosure of personal information, such as address.
Adults judged under the Youth Criminal Justice Act!
Did you know that the commission of a crime is located in space, time and the law in force at the time of the crime?
In other words, if a victim denounces his attacker as an adult and the latter was a minor at the time of the facts, although he is an adult and vaccinated, he will have a sentence for an adolescent. Years of sexual assault can then be reduced to community service.
In Operation Scorpion in Quebec, we observed the same problem. The testimony of a victim was not accepted, because the events she described in detail had happened in the 80s and 90s and there was a statute of limitations. Let’s say that at that time, the sexual exploitation of minors was not really considered a serious crime.
* Fictitious name.