Similarly,
Montrealer accused having withdrawn her:
A Montrealer who has been accused of having withdrawn her condom during a sexual. However, intercourse without the consent of her partner was acquitted on Monday at the Longueuil courthouse. Furthermore, The man denied the gesture. For example, pleaded that it was an accident: the judge concluded that he raised a reasonable doubt.
The case has highlighted a still little discussed practice, stealth (stealthing), which is considered a sexual assault.
The 46 -year -old accused. Nevertheless, Mina Gerges, and the complainant, whose identity is protected by an order of the court, got to know an online meeting application. Furthermore, They had consensual sex several times from 2017 to 2019. Meanwhile, when the complainant said she was not looking for a serious romantic relationship.
During the trial. Furthermore, the young woman testified that the wearing of the condom is essential for her: this is a condition for montrealer accused having withdrawn her her agreement to a sexual intercourse. In addition, She says she informed Mr. Consequently, Gerges very clearly. Meanwhile, Despite this. Meanwhile, the man would have asked several times not to carry it or to remove it once the sexual relationship has started, she argued.
One evening in January 2019, they had a sexual intercourse which was first consensual. However, Except that the complainant reports having possibly felt that there was no more condom when they were in the “spoon” position. Nevertheless, and that Mr. Gerges was therefore behind her. Turning, she saw the penis without condom of man. She says she gets out of the bed, upset, and accused Mr. Gerges of having removed the condom without his consent. She then complained to the police for sexual assault.
In his testimony. the man for his part argued that he wore a condom, did not withdraw it and did not realize that it montrealer accused having withdrawn her was broken or damaged. It was when the young woman stood up that he noticed that there was only the ring on her penis. said Gerges to the Court. According to him, it is an accident, which had also produced in the past. Furthermore. while the complainant advanced that he would have admitted to having acted deliberately and would have apologized, the man denied all admission.
Montrealer accused having withdrawn her
The verdict
By rendering her verdict on Monday. judge Ann-Mary Beauchemin recalled that in 2022, in a stealth case, the Supreme Court decided that consent to sex with Condom is not a consent to a report without Condom.
As is often the case in the causes of sexual assault, the court faces contradictory testimonies, she said. The credibility is therefore crucial, added the magistrate. Thus, she explained that the question in dispute is the following: did the accused voluntarily remove the condom montrealer accused having withdrawn her during sex? According to her, the crown failed to prove it “beyond reason,” the burden of evidence in a criminal trial.
To support her decision. she explains that the accused did not ask to withdraw it or not to put it during this January 2019 evening, which the complainant recognized. She also did not see it withdraw the condoms, nor seen later.
The version of Mr. Gerges is not without defect, however, considers judge Beauchemin, who specifies that she does not accept all her disculpatory explanations. But even if she had to completely dismiss her testimony, the proof of the crown is “insufficient”. The magistrate is also of the opinion that the testimony of the complainant also presents gaps. noting that she gave details to the court which are not included in her statements to the police: there are “several differences”, she says.
“It is possible that the accused acted intentionally, surreptitiously. […] montrealer accused having withdrawn her It’s likely, even. But I am not convinced of it beyond doubt. »»
Mr. Gerges and the complainant were present in the courtyard for reading the judgment. The man welcomed the decision without flinching, while the complainant seemed to be upset.
The latter is disappointed with the verdict. commented shortly after the crown prosecutor, Me Annie Barbeau, stressing the courage of the woman. The lawyer said that she was going to examine the decision in detail to determine if an appeal would. be housed. As for Me Gabriel Babineau, Mr. Gerges’s lawyer, he politely refused to comment on the verdict, just reiterating that his client is innocent.
Monday evening, the complainant transmitted to Duty His comments by email, claiming that Mr. Gerges knew very well what he did-that he removed the condom without his knowledge. she said-and that the trial did not legitimize the acts of man. She maintains that he told him montrealer accused having withdrawn her at the time that. since he had no sexually transmitted infections, he could “allow himself to remove it” and that it was unreasonably acting. But, she said, the trial demonstrated “that the condoms without his partner’s knowledge is a sexual assault, a criminal act”.
Montrealer accused having withdrawn her
To watch in video
Further reading: Crime severity index | The volume and severity of crimes have decreased in Canada – Interpreters: to save, the Federal wishes to favor the lowest tenderer – Prime Minister Carney meets senators from the United States – The murderer of Julie Boisnu receives an exit permission “with escort” – Diluvian floods and rains | “Montreal must become a sponge city”.