Photo: The Canadian Press
A Surete du Quebec police car is seen in Montreal on July 22, 2020. A crime victims advocacy group is expressing concern after a Quebec man was released on parole last month after pleading guilty to sexually assaulting a woman while she was sleeping. THE CANADIAN PRESS /Paul Chiasson
A crime victims’ advocacy group expressed concern Tuesday after a Quebec man was granted parole in a sexual-assault case, in part because the judge thought the sentence could hurt the man’s career.
Marie-Christine Villeneuve, from the Centers for Victims of Crime, said she was concerned that the light sentence could discourage victims and make them less willing to report sexual abuse.
“If you’re a victim, seeing a decision like that, you might be more afraid to go to court, to file a complaint, and maybe really afraid to get justice at the end of that process,” she said in an interview.
The decision, she said, seemed to run counter to the current trend “which is more towards a concern for the victim at the heart of the legal process”.
In the June ruling, a Quebec court judge in Trois-Rivières, Quebec, chose to give Simon Hullet probation and parole, in part because the sentence would make it difficult for Hullet to travel as an engineer. Hole pleaded guilty last year to sexual assault and voyeurism after assaulting an acquaintance in 2019 and taking pictures of her private parts while she slept. He was then 27 years old.
The victim “was woken up by the light of a camera” to find Hole assaulting her with his fingers after she had fallen asleep at a friend’s home after a night of drinking at a bar with a group of friends. Her shirt was lifted and her bra was unbuttoned, the court ruling said.
The woman “panicked” and went into the kitchen, where the accused followed her and took her back to bed. A check of his phone later revealed that he had taken nine photos.
Judge Matthew Poliquen found the victim had suffered significant harm as a result of the assault, including anger, shame, fear of seeing the accused and consequences for her school, work and personal life. She was also in a vulnerable state due to the fact that she had been drinking and sleeping, the ruling said.
However, the judge noted that the attack happened “generally quickly”, adding that Hule had taken therapy seriously and was genuinely sorry for his actions.
“A sentence other than a discharge would have had a significant impact on his career as an engineer,” the judge wrote. “This job requires traveling around the world,” he added, while acknowledging that Houle has not yet been required to travel by his employer due to the COVID-19 pandemic.
Hole admitted during therapy that he assaulted another man in 2015. The judge described the admission as disturbing but said it also showed a “desire for transparency.” No charges have been filed as a result of the 2015 incident.
Houle was also convicted of driving under the influence in 2014, but has never been convicted of a violent crime.
Poliquin said Houle has a low risk of reoffending and has been convincingly rehabilitated. “It is in the common interest that the accused, an asset to society, should be able to continue his professional career,” the judge wrote.
Parole may be granted in cases where a person pleads guilty but is not convicted, as long as they meet certain conditions. Houle was given three years of probation and must pay $6,000 to a victim assistance group.
If he qualifies, he will avoid a permanent criminal record.
Quebec prosecutors say they will try to appeal the judge’s sentencing decision in the coming weeks.
Houle’s sentence, which was first reported by Radio-Canada, sparked an avalanche of online comments denouncing the decision.
Villeneuve said that while the sentence may be disappointing for some, it is important to remember that it is only one decision and that the legal system is only one path to healing for victims.
While courts have traditionally not invited survivors of sexual abuse, there have been attempts to restore trust through the introduction of specialist sexual abuse tribunals, she said. Villeneuve added that her organization is there to support victims, whether they decide to file a formal complaint or not.
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