The Quebec Court of Appeal ruled that the lower court judge’s decision was founded on “myths, prejudices, or stereotypes,” and it ordered a fresh trial in a sexual assault case.
The June 2021 acquittal of a brother accused of sexual assault and incest against his sister is the subject of the most recent ruling by the top court. The brother was 13 and the sister was 11 at the time of the alleged incidents, which occurred between January 1996 and December 1997.
According to the Youth Criminal Justice Act, neither can be identified, and the trial was held in an unidentified jurisdiction.
Judge Luc Joly of the Quebec court criticised the alleged victim for not being able to place the events in time or specify the number of alleged assaults. Notably, the trial judge chastised the sister for being unable to provide specifics, such as the clothing either she or the accused was wearing when the claimed attack occurred.
The sister was unable to explain why she claimed her brother had a large number of condoms. The sister’s confession was “a somewhat exceptional scenario for a young man who was then 13–14 years old,” the court remarked in response.
MORE READING
Quebecer accused of 22-year-old murder after first arrest made by strengthened cold case unit
The brother should go on trial once more, according to a majority decision by Court of Appeal justices Guy Cournoyer, Simon Ruel, and Julie Dutil.
“A criminal trial must be held before a judge who analyzes the evidence presented in a rational and objective manner, with an open mind, without relying on myths, prejudices or generalizations that have no basis in fact,” the ruling, dated Sept. 29, said.
The lone witness to testify was the sister, who brought a criminal complaint against her brother more than 20 years after the allegedly unlawful conduct. She recounted several sexual acts, including one involving anal penetration.
Joly came to the conclusion that while the complainant was believable and earnest, his reasonable doubts were raised by the fragility of her memories, which compromised her dependability.
MORE READING
Expanded The cold case unit of the Quebec Provincial Police has not yet solved a homicide.
The high court concurred with the Crown that the lower court’s decision was predicated on conjecture, presumptions, and factors that were not supported by the evidence.
It ruled that the alleged victim’s testimony should be based on “the circumstances taking into account the strengths and weaknesses that characterize the testimony” and not according to “inflexible rules, rigid stereotypes or generalizations without factual basis. ”
The Court of Appeal stated that those who have repeatedly undergone childhood sexual abuse frequently offer a descriptive memory on essential elements but without peripheral information.
Because the decision was based on “myths,” the Quebec Court of Appeal reverses the sex assault conviction.
About Author
