Accused by nine women of sexual assault, Gilbert Rozon appeared as a real victim at the courthouse this week. On the sidelines of his opposite perspective, he made the trial of his own trial before the stuffed journalists.
To hear the founder of Just for Laughs, the justice system allows “legalization of extortion”. The experience of a prosecution is so violent that it considers it better to settle amicably, even when you are not guilty.
Tomorrow morning, if a friend with all the evidence of his innocence called him to ask him for advice, he would answer him: “No, no, make a check!” Don’t go to court, you’re going to lose everything! »»
Is our justice system so inhuman, inadequate?
Strangely, it was the speech we heard from victims of sexual violence when the #MeToo movement was born. Relying by legal procedures, several victims had then denounced their attacker directly on social media.
This wave pushed the Quebec government to review the rules surrounding the violence against women. Very good advances have been accomplished to better accompany the victims. Quebec was at the forefront. Our elected officials worked in a transpartisan way. You can be proud of the path traveled.
The creation of a specialized court notably made it possible to offer a more suitable environment for cases of sexual and conjugal violence. Today, there are more judicial information and psychosocial support to help victims pass through this test.
In addition, the new article 2858.1 of the Civil Code put sticks in the wheels of the lawyers who were trying to destroy the credibility of a victim by asking him questions which maintain myths and prejudices, questions which sneakily insinuate that it is not the “perfect victim”.
Why did you have a short skirt? Why not have filed a complaint immediately after the assault? Why did you continue to see the attacker afterwards?
This new article only codified what was already recognized in case law. And the lawyer can still ask these kinds of questions, but only if he manages to convince the judge of their relevance. The burden is on his shoulders.
Nevertheless, Gilbert Rozon disputes this new article which entered into force a few days before the start of his trial.
He also disputes the abolition of the civil limitation period which allows a victim of sexual assault to continue his attacker, regardless of the time elapsed since the facts. Previously, there was a limit of 30 years.
This modification – claimed by the Quebec Bar and the protector of the citizen and adopted with the support of the four political parties represented in the National Assembly – is however a big step forward. We know that the victims often put decades to file a complaint.
It is important to emphasize that all these improvements made in the wake of the #MeToo movement have not unbalanced the balance of justice. They have better oiled his cogs. That’s it.
The burden of proof remains the same. And a trial will always remain a difficult passage for the victims … but also for those who are wrongly accused. Their defense leads to costs, scratch their reputation.
Gilbert Rozon is not the only one to complain. But precisely, the court will allow him to wash his reputation, if he is acquitted. This is exactly what justice is used. And maybe even more civil justice …
In a civilian, the judge decides in favor of the version which is most likely, that which seems to him the closest to the truth.
It is different from the criminal, where the burden of proof is heavier, because we do not want to run the risk of sending a non -guilty person to prison. The judge must be convinced “beyond any reasonable doubt” that the accused did indeed commit the crime of which he is accused.
This is what makes Gilbert Rozon acquitted in 2020 in the criminal, even if the judge took care to say that she did not believe her version.
What will he be this time? It is up to the court to decide.
But while waiting for their judgment, people unjustly prosecuted are not short of options.
There are provisions which make it possible to reject at a preliminary stage abusive or poorly founded prosecution, or to reimburse the defendant for the costs incurred.
The defendant can also file a defamation pursuit which can be studied in the same trial, within the framework of a reconvention request.
However, Gilbert Rozon did not use any of these tools, even if he presents himself as a victim, “as a pariah” forced to defend himself against a group of women who have been “embrigated” to claim 14 million.
Gilbert Rozon had the opportunity to express his point of view in court. Trying trial will not help him win.
As for the justice system, it is certainly not perfect. But it must be recognized that he improved in the wake of the #MeToo movement.
