Loud lovemaking can constitute sexual assault

The court confirmed to the father, who did not accept the means to protect his daughter from screams about his antics with his wife, that he could not have custody of her.

I must say that this resident of the Quebec region immediately admitted that he was not an adequate father.

With his problems with violence, substance abuse and mental health, he knew he couldn’t hope to get custody of his 10-year-old daughter.

Not a child abuser

On the other hand, he was reluctant to acknowledge the findings of the Youth Welfare Office (DPJ) that he might pose a risk of sexual abuse to his daughter.

The case was therefore assigned to Judge Judith Landry of the Juvenile Division, who agreed with Youth Protection Department.

Youth protection told the judge that the girl was flaunting herself. serious risk of being subjected to sexual acts in the presence of the father.

However, the organization did not accuse the man of inappropriate contact with his daughter, identified as X in a decision to protect your identity.

The girl did not experience sexual contact with her father. However, his behavior put her at risk of sexual abuse.

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The father, who has children from three women, was then in a relationship with the one indicated by the letter F in the verdict.

Relationship between father and Mrs F turn out to be stormy and punctuated by breaks and reconciliations.

Moreover, the little girl witnessed some of the quarrels between her father and Fthat the man does not deny.

The evidence also shows that X denounced the fact that she overheard her father and his wife having sexual intercourse. »

Quote from Excerpt from the decision

A little girl is worried about sexual intercourse between her father and F. She told her social worker about it. Youth Protection Department.

In the report filed as evidence, the DYP officer summarizes the situation as follows:

X also confesses that she doesn’t like hearing her stepmother scream when she has sex with her father. She calls going outside to play when that happens. It seems to us that Mr. and his wife are not taking the necessary steps to avoid being seen or heard. »

Quote from Excerpt from the decision

That Youth Protection Department claimed in court that his worker interrogated his father about it, but he and his wife remained deaf.

Thus, Judge Landry agreed with Youth Protection Department.

According to her, the situation was contrary to section 38 (d) of the Youth Protection Act, which states that a child serious risk of being subjected to acts of a sexual nature, with or without contact.

Referring to case law, the judge considered that sexual intercourse between the father and his wife constituted a risk of sexual abuse.

X sometimes left the house to be outside when this happened. Obviously, this made him uncomfortable. »

Quote from Judith Landry, Judge of the Court of Quebec / Youth Division

When a father is benevolent, at least the judge notes, he behaves correctly with children.

At the time of the hearing in early November, he was, on the other hand, back in jail for acts of domestic violence against Fwith whom he had a child last year.

It is a crime?

If exposing a child to the sounds of his sexual intercourse could constitute violence within the meaning of the Youth Protection Act, could such behavior lead to criminal prosecution?

it would be amazingsays lawyer Mirali Roussin.

Lawyer Me Mirali Roussin stands in front of the camera.

I am Mirali Roussin

Photo: Lawyers Baudry Roussin

The theoretical answer is yes. But in practice it would be very difficult to demonstrate– evaluates the criminologist, – about the criminal nature of exposure, clearly.

The section of the Penal Code that could be referred to is the section on obscenity.

But the prosecution must prove that ecstasy flashes are committed with the intent to offend another person. And here it becomes difficult to prove the criminal intent of a person.Me Roussin concludes.

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