A 24-year-old young man was sentenced to four years in prison on Wednesday for sexual contact with two teenage girls aged 13 and 15. The judge said he was shocked that the defense had argued that the victims were “somehow consenting.”
Judge Frank D’Amours was critical of the position of Alexandre Everell’s lawyer in his decision on the sentence rendered Wednesday against the man who found himself guilty of two counts of sexual contact with minors and another of incitement to sexual contact.
The magistrate deplored that Me Luc Picard suggested to him in his observations on the sentence to be imposed on his client the fact that the complainants had a short romantic relationship with the accused which made them “in some way” consent. And thus, this element should be considered as a mitigating factor for the offenses.
“The proposal astonishes and shocks the Court. And undoubtedly shocks, as one can guess, the victims,” underlined Judge D’Amours, emphasizing several times the age of the victims, i.e. 13 and 15 years old at the time of the events.
“It is clear and indisputable that neither could consent. Attempting to pretend, even a little, to the contrary goes against the will of the legislator to protect our children.
In catimini
Alexandre Everell met the teenagers on the sidelines of his work in a restaurant. He was 22 years old at the time of the offenses, in 2022.
Taken from Facebook Alex Everell
A relationship of trust initially developed with the first victim, who was 13 years old. After a first sexual relationship, the accused and the teenager maintained a relationship on the sly for about a month, where several events of a sexual nature occurred.
Everell went so far as to invite his victim for a night at a hotel and a day together the next day, before driving her home in the early morning after several sexual encounters, saying he was “too tired”.
“It is at this moment that she realizes that it is her body that the offender wants,” the judge underlined in his decision, adding that the teenager had felt betrayed.
Especially since it was when she insisted on revealing their relationship in broad daylight that Alexandre Everell put an end to it.
“[Parce qu’il était] aware of the highly inappropriate nature of the said relationship,” said the magistrate.
“Denounce these behaviors»
Furthermore, after ending this first illegal relationship, the accused resumed his behavior with the second victim, who was barely older.
“She also became acquainted with the hotel rooms and the disinterestedness of the offender once he obtained satisfaction,” judges D’Amours said.
The latter also brushed aside the defense’s suggestion to allow Everell a detention sentence in the community, following the proposal of the Crown prosecutor, Ms.e Mélanie Tremblay.
“Imprisonment is necessary. […] It is important to denounce this type of behavior urgently and unequivocally,” insisted Frank D’Amours, imposing a sentence of two consecutive years for each of the two victims.
Alexandre Everell will also be prohibited from being in contact with or being in a park or other place where people under the age of 16 could be present, as well as from occupying a job where he would be in a relationship of trust with a person. minor for a period of 10 years. He would be placed on the sex offenders register for 20 years.
What the law says about the age of consent
- The age of consent for sexual activity is 16 years old. In some cases the age is higher, for example, in cases where there is a relationship of trust, authority or dependence.
- A person aged 14 or 15 can consent to sexual activities with a partner if the partner is less than five years older. A young person aged 12 or 13 can consent to sexual activities with a partner as long as the partner is less than two years older.
- There must be no relationship of trust, authority or dependence or any form of exploitation for these two exceptions to be valid.
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