A 37-year-old man has been found not criminally responsible for his sister’s sexual assault, as she suffers from sexsomnia.
Judge Rachel Gagnon came to the conclusion that this illness is a form of mental disorder that does not fit the criminal responsibility of the sibling.
At his trial held in March at the Quebec City courthouse, the 30-year-old appeared in defense of sexsomnia, claiming he committed the acts while he was asleep.
Not for the first time
Her current husband and an ex -husband both testified to have experienced similar incidents on several occasions.
His behavior did not cause a problem in the context of the couple.
Visit
The brothers, both in their thirties, visited a friend in the Quebec region in January 2019.
Due to the lack of space, the sister suggested that her older brother share the bed.
The woman woke up at night, while her brother had his fingers on her vagina.
The sister then left the apartment in crisis. The brother said he did not believe such an event could happen to someone with whom he had no sexual attraction.
Judge Gagnon also noticed that the next morning, he notified the friend who was hosting him and sent a message of apology to his sister.
” He did not try to refuse or run away. “
According to the judge, the defense presented the evidence convincingincluding the testimony of a neurologist who specializes in sleep disorders.
Dr. decided. Éric Frenette whose brother has severe sleep apnea syndrome, which can lead to stages of sexsomnia.
Trauma
Actions done unintentionally do not reduce the victim’s traumahowever, Judge Gagnon insisted.
Additionally, the sister read a letter in which she recounted flashbacks where he is still suffering.
My sex life is very different now. I have a hard time trustingsays the young woman who has been experiencing periods of depression and severe anxiety since the events.
He also read a text written for his late mother, four months after the injury.
Mom, I would rather be with you than live like this.
” My mother, my sister, my hero, raped me. “
Because he was declared not criminally responsible, the brother’s file will be sent to the Commission for evaluation of mental disorders.
The administrative tribunal will ensure that the necessary oversight is determined to ensure that it does not represent a risk to society.
Treatments
Her lawyer, Me Caroline Gravel, indicated that she is still undergoing treatment to treat her sleep apnea.
While waiting for the Board of Review to consider his case, the brother remains on condition of release.
The prosecutor, Me Michel Bérubé, also recalled that he could not contact his sister.
Source: Radio-Canada
