A Montrealer who has sexually abused his daughter-in mentally disabled for two years has been found guilty of any line, by a judge who believed the victim, recalling that a testimony that perfect is not necessary in order to obtain justice.
“Although the rhetoric [of the victim] is sometimes disjointed or difficult to hear, and that it is also difficult to be in time […] the particularities of the events that she recounts are shocking truth”, recently said the judge Nathalie Duchesneau at the palais de justice of Montreal.
The cause seemed, however, not simple to the Crown. On one side, there was an acknowledgment of 55 years who denied everything in the block, claiming to be the victim of parental alienation. The man cannot be named to protect the identity of the victim. On the other side, a young victim who was then aged 9 years, and suffers from a slight intellectual disability, and her mother, who, aware of the crimes of his or her spouse, has waited months before making a complaint to the police.
How to act
“There is no one way to act after such an unveiling”, however, reminded the judge, stressing that this would not prejudice the credibility of the victim.
The abuse that has suffered this last began in January 2016. According to her testimony, she has suffered a number of assaults and sexual contacts, of which three specific events that occurred in the family home.
“Despite its difficulties, obviously [the victim] had done its best to respond to the questions he was asked,” said the judge.
The defense, for its part, had contested the reliability of the victim, who did not remember all the details, and who struggled to put a date on some events.
“From the outset, we note that this is not because a witness does not remember something that has not happened,” retorted the magistrate. In addition, this is not because an event reported by a single witness is not confirmed by a second that it didn’t happen.”
Thus, in spite of some approximations, and minor differences in the testimony of the child and the mother, the judge has analysed the evidence in its whole and raw.
“The tribunal considers that these differences do not mean that these events are not actually occurring”, she decided.
And she rejected the version of the accused, whom she described as “overweight, unlikely, illogical and unreasonable” after it is analyzed under all its seams.
Guilty of sexual interference and invitation to sexual contact, the accused will return to court in November, the observations on the sentence that must be imposed.