Invite a friend into bed to warm up is not an invitation to sexual contact, especially when the woman said no, reminded the Court of appeal in the case of a young man who challenged his conviction for sexual assault.
“The man must be concerned with the consent of the lady,” can it be read in a decision issued this week against Charles Demeule-Lalonde, and which reminds us of the importance of consent.
Lalonde, a resident of Vaudreuil-Dorion, aged 21, had committed his crime in 2017, at a party at a friend’s. After the evening, the group had decided to stay to sleep on the spot, when a girl complained of being cold.
“Ah ! Well there are two heaters that could help, ” replied the victim by pointing out two young men, including the accused.
Demeule-Lalonde is then elongated to the sides of his victim. During the night, he has committed four times touching, making himself push every time. In the fifth, the victim has clearly said to leave it to sleep using the force to stop the carousel.
“This is not because it is said that it has two heaters, that means that one agrees to let a man touch us “, had reminded the court of first instance condemning Demeule-Lalonde to probation and community work.
“Good victim “
The accused had filed the appeal, citing errors by the judge. According to him, the victim was so tired that she had misinterpreted the gesture. And it was not believable that the victim remained passive all this time, he had pleaded.
This argument, however, has not had the desired effect, with the Court of appeal.
“This type of argument based on the behavior of the “good victim” no more today “, one can read in the decision, which reminds us ” that we can not blame to the complainant not to have left the scene “.
Unless Demeule-Lalonde tries his luck at the supreme Court, it will therefore have to begin serving his sentence.