Raped in a doctor’s penthouse: the complainant’s story scrutinized

The lawyer for the specialist doctor accused of gang raping a young artist peppered the complainant with questions during cross-examination this Friday, pointing out every little contradiction in an attempt to raise a reasonable doubt to acquit her client.

• Read also: Doctor accused of raping artist in his Old Montreal penthouse

“You don’t remember going to the bathroom twice? The day before the events, do you remember taking medication to sleep? Was the cocktail he served you gin or tequila? Maybe your memories are not accurate,” Me Valérie Riendeau said in turn to the complainant, this Friday at the Montreal courthouse.

Since this morning, the lawyer has been busy attacking the credibility of the young woman, who was allegedly raped by Dr. Stephan Probst and a certain Wendy Devera during an evening in Old Montreal in 2020.

Evening that turns bad

This is because at the time, the young artist whose identity is protected by the court said she wanted to “experiment” with a woman. She would have met Devera, 30, on a dating application. The latter would have invited her to Probst’s luxurious penthouse, but the young artist had made it clear that she did not want a sexual relationship with another man.

Except that during the evening, the alleged victim said she was served a drink. Shortly after, her strength left her and she was allegedly raped by Probst, while Devera held her back.

And when the young artist says she almost managed to escape, she was allegedly raped again by Probst. After he finally managed to leave, a police complaint was filed and both the doctor who was head of department at the Jewish Hospital of Montreal and Devera were accused of group sexual assault.

Attacking credibility

They have pleaded not guilty so their trial will take place this week. And obviously, one of their strategies is to try to undermine the victim’s credibility, by going back on each of their statements and questioning them about the smallest details of their story.

Except that several of the “contradictions” noted by the defense are not really, noted Judge Suzanne Costom.

“That’s not what you’re going to raise reasonable doubt about,” assured the magistrate, inviting the defense to “choose your battles.”

The alleged victim, for her part, answers each question, essentially reiterating what she had explained the day before during her chief interrogation, at times providing certain details on certain chosen words, or even her state of mind at the time of the facts.

Crown prosecutors Delphine Mauger and Jérôme Laflamme ensure that there is no excess in the questions asked of the witness.

The hearing continues all day, in the presence of the accused who listen attentively, sometimes looking nervous.