She had refused his advances | Two years in prison for raping a sleeping woman
A man guilty of sexually assaulting a sleeping woman who had just refused his advances after a date hoped to serve his sentence at home. However, the judge instead sentenced to two years in prison the person who poses as a victim of the #metoo movement.
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“The offender chooses that [la victime] or in a very high state of vulnerability to satisfy their sexual urges. […] Clearly, [elle] was only a sexual object for the offender,” said Judge Serge Cimon of the Court of Quebec, in a detailed 55-page judgment rendered Tuesday at the Joliette courthouse.
Julien Leclerc, a 40-year-old former civil servant who worked for the City of Laval and the City of Shawinigan, was convicted of sexual assault last year. He appealed the verdict.
In October 2022, the offender has a drink with X, a woman he met on the dating app Tinder. Around 3 a.m., they had consensual sex at the offender’s home. But a problem with the condom cools the atmosphere.
Tired, X prefers to go to bed and informs Julien Leclerc that she no longer wants sex. But Julien Leclerc doesn’t care and “boards” the semi-asleep woman shortly after. “Shut up. No, that doesn’t tempt me,” she tells him, before going back to sleep.
The woman wakes up, while the offender is penetrating her. “What are you doing,” she said. “Good, I thought you wanted to,” he replies. The sexual assault lasts more than 20 minutes.
At trial, Judge Cimon rejected the offender’s “learned by heart” testimony, filled with “implausible” answers. Julien Leclerc said he had “tested the waters”, because he still had “the taste” for a sexual relationship.
“The accused demonstrates that he has a lack of knowledge of consent in sexual matters,” concluded the judge.
The magistrate thus recalled the key principles regarding consent: a person must express consent to each sexual act. You cannot consent “in advance” to sexual activity. Also, “implied” consent does not exist.
The judge points out that it is “perilous” to rely on a woman’s “moans” to infer that she is communicating consent. Also, being naked in bed means nothing. And the obvious: if a person is sleeping, they cannot consent to sexual activity.
Believe in justice
The victim lives daily with the consequences of the attack.
“I still feel frustration, anger and anxiety. The simple things in life like: meeting new people, trusting others or even sleeping peacefully. The assault robbed me of a sense of security and confidence,” she wrote in a letter presented to the court.
But X says she is “proud” to have found the courage to denounce her attacker and to have gone through the legal process. “I am here because I believe in justice. […] and that I no longer want to be ashamed,” she concludes.
The defense requested a two-year prison sentence to be served in the community due to the offender’s risk of “below average” recidivism and his loss of employment in Shawinigan, attributed to the media coverage of the case. The Crown demanded two years in prison.
Only three mitigating factors were retained by the judge: the offender’s lack of criminal record, his family support and the fact that he has always worked.
On the contrary, the judge noted several “significant” aggravating factors, including the negative consequences for the victim, the duration of the attack and the failure to respect the victim’s refusals. Furthermore, the offender was in full possession of his faculties.
According to the judge, Julien Leclerc presents a “substantial” risk of reoffending for a variety of reasons, including his “high libido”, which deprives him of empathy towards women. The offender has already informed an ex-partner that he would find a mistress if they did not have more sexual relations. Furthermore, he presents himself as a victim of the #metoo movement and blames the victim.
The magistrate reminds us that revenge has no place in imposing a sentence. However, this must reflect society’s “repugnance” for sexual crimes. By balancing the sentencing factors, Judge Cimon thus gave precedence to the objectives of denunciation and deterrence. Especially since the offender has not started his rehabilitation at all.
Julien Leclerc will be subject to three years’ probation.
Me Lydia Henry-Pelletier represented the public prosecutor, while Me Byanka Stosiak defended the offender.
