She had to sleep fully clothed: sex offender spouse convicted

A resident of Bas-Saint-Laurent who claimed that his partner was “too beautiful” to repeatedly sexually assault her, to the point that the woman slept fully clothed and with her legs crossed to try to protect herself, was sentenced to nine months from prison.

“The victim had given an ultimatum to the accused so that he would consult, because she no longer wanted to endure his repetitive sexual touching,” recently explained Judge Luce Kennedy, at the Kamouraska courthouse.

The magistrate was speaking in the case of a 40-year-old individual, who cannot be named in order to protect the identity of his victim.

According to what the woman explained at the trial, her partner of the last eight years constantly made unwanted sexual touches to her. And attempts to talk to him were in vain, since he put the blame on her, repeating that it was “her fault” for being “too beautiful”.

“She feels sexually harassed in her home, by her partner, when she should be safe there,” lamented the judge. To protect herself, she dresses for sleep, crosses her arms over her breasts, crosses her legs and places a pillow between them. Despite everything, the touching increased until the couple broke up.”

Even after therapy

At the victim’s request, the accused eventually consulted. But the lull was short-lived, pushing the victim to end the relationship. A police report was also filed, leading to the filing of criminal charges.

But even though he had sworn at trial “never to have crossed the line” of consent, he was found guilty, given his lack of credibility.

And if he then said that his crime did not even deserve to have a criminal record, the judge did not agree.

“The fact that the sexual assaults take place in the marital home, the fact that the accused is the intimate partner of the victim, the repetitive sexual touching […]the psychological consequences [sur la victime] justify the imposition of a sentence of incarceration,” ruled the judge.

A “scourge”

This is because the repeated abuse had a major impact on the complainant, who experiences anxiety and recurring nightmares, which affect her work.

“Constant mental stress exhausts and overwhelms him,” the judge said. The challenges remain real and deeply rooted in his daily life.”

She then recalled the importance of fighting the “scourge” of sexual assault, rejecting the idea that the accused had “lost control” in the face of his partner.

“A sexual assault […] is indeed a “taking control” of the physical integrity of the victim by the force of the will of the accused,” she recalled.

The judge, however, noted the regrets of the accused, who seems to be on the path to rehabilitation. So much so that she ultimately gave a lower sentence than the 12 to 15 months requested by the Crown.

Once released from prison, this unworthy spouse will have to submit to two years’ probation. He will be on the sex offenders register for two decades.