The DPCP will appeal the case of the former federal deputy acquitted of sexual assault on a woman, who herself allegedly initiated the relationship after being disinhibited by a concussion.
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“The trial judge erred in law […] by not taking into account the complainant’s incompatible version of the course of the sexual relationship”, can we read in particular in the notice of appeal filed this morning.
The former deputy and former mayor of Sainte-Clotilde, André Chenail was acquitted on May 2 of sexual assault.
According to the Director of Criminal and Penal Prosecutions (DPCP), the judge made several errors in rendering his judgment, in particular by saying that he was convinced that the accused believed that the victim was consenting, and that he had taken reasonable measures to s sure she was okay with having sex.
The DPCP also accuses him of having packed the version of the victim, totally incompatible with that of the accused.
Drastic change
During his trial, André Chenail admitted having had a sexual relationship in December 2018 with the victim, whose identity is protected by a court order.
Except that according to the version of the septuagenarian, it is the woman herself who would have suddenly initiated the relationship by kissing him and undressing him, shortly after recovering from a fall in the dining room who would have him briefly left unconscious.
However, the two individuals showed no attraction in the minutes preceding the fall and they had not held any conversation of a sexual nature in the past.
However, this “drastic” change in behavior is plausible after a concussion, had come to testify at the bar the expert in neuropsychology Dave Ellemberg.
“Just surprised. He let himself be trained […], detailed judge Joey Dubois in his decision. She initiates sexual gestures and participates in them. Although no formal words are spoken during the sexual exchanges, Madame’s actions indicate that she desires them. »
A borderline case
The magistrate thus considered that it was possible that a reasonable person, without medical knowledge of concussions, had come to the conclusion that the victim had come to her senses and could consent.
And in his view, the evidence does not clearly demonstrate that additional steps should have been taken by the accused to ensure consent.
“For the court, this is a borderline case”, he nevertheless specified in his judgment, acquitting the accused.
