Quebec man guilty of sexual assault gets conditional discharge so he can travel for work

Warning: This story contains disturbing details of sexual assault. A list of resources for people who have experienced sexual violence appears at the end of the article.

Victims' rights advocates are denouncing a decision by a Quebec judge to grant a conditional discharge to a Trois-Riviresman who pleaded guilty tosexualassault and voyeurism,so hecan travel for his work as an engineer.

In April 2019, Simon Houle, then a 27-year-oldmechanical engineering student at Universit du Qubec Trois-Rivires,sexually assaulted a sleeping woman during a party in an apartment.

In hisdecision, Quebec court Judge Matthieu Poliquindescribedhowthe victim was "awoken by the light from a camera. She feltfingers in her vagina moving back and forth." Her camisole was hikedup and her bra detached from the front.

A fewdays later, a friend of the perpetrator who was aware of the event looked into Houle's phone. "He then found, in the trash bin of the device, photos of a woman's private parts," the judge said.

Nine photos were recovered from Houle's cell phone. They were shown to the victim, who recognized her body.

Houle pleaded guiltyto the charges in 2021.

The Crown sought an 18-month sentence for Houle, however, in a decision released last month,Poliquin handed Houle a conditional discharge with three months' probation.

Poliquin said for Houle, the consequences of a criminal record "would have particularly negative and disproportionate consequences for him, since he would have difficulty travelling outside the country, which could hamper his career as an engineer."

Houle, who has worked for manufacturing company Canimex Group since 2018,has yet to be required totravel for his job.

On Monday, Canimex's vice-president of human resources, Michel Goulet, said the company was "concerned" about the judgment and said Houlewould be required to continue working from home and would be prohibited fromparticipating in social activities with his colleagues.

In a subsequent statement to Radio-Canada Tuesday, Goulet said Houlehas beeninformedhis employment at the company has beenterminated for the moment.

'Desire for transparency'

Houle, who was convicted of impaired driving in 2014, has no prior criminal record involving the use of force against others.

Hesought therapy shortly after the sexual assault and voyeurism charges were laid, said the judge in his sentencing ruling, andhe admitted to sexually assaulting another woman in 2015, for which he was never charged.

This admission, although "disturbing,"according to Poliquin, "demonstrates [Houle's] desire for transparency" and his serious approach to rehabilitation.

Poliquin noted that Houlepleaded guilty to the 2019 attack, that he "greatly regrets his actions" and was so ashamed of what he had done that he never told his father and brothers of the charges laid against him.

Although the judge emphasized the "intrusive and serious nature of the crimes" committed against a victim "in a state of great vulnerability," he saidthe assault was quickand Houle'sstate of drunkenness, while not an excusefor his actions,partly explains his behaviour.

According toPoliquin,Houle hasdemonstrated that he is a "person of good character," that he committed his crimes during a specific period of his life and that those crimesdo not represent the person he wants to be.

In order "not to trivialize" what Houle did,Poliquin said, he ordered the perpetratorto donate $6,000 to the Trois-Rivires sexual assault centre, theCentre d'aide et de lutte contre les agressions caractre sexuel (CALACS).

'Angry' and 'saddened' for all victims

A close friend of the victim, who has also known the perpetratorfor several years, said he was"enraged" that Houledid not receive a harsher sentence.

"He has nothing. It's unbelievable," he said in an interview with Radio-Canada. The man requested anonymity in order not to identify the complainant, whose identity is subject to a publication ban.

A spokesperson for the Trois-Rivires CALACS, Camille Souza, said the centre is"disconcerted" by thedecision, calling itunfair to the victim because it"once again" defendsthe attacker.

"We were angry. We were saddened for the victim for all the victims," said Souza.

A spokesperson for the local victims' assistance service (CAVAC), Karine Gagnon, said she is concerned Poliquin's decision will undermine victims' confidence in the justice system.

"When a victim hears these kinds of things ... it can prevent them from[filing a complaint]," she said.

The judge described Houle as having had a "positive family background" and "the opportunity to become a useful person in the community."

Lawyer and feminist researcherSuzanne Zaccour said Houle's social statuslikely had a"subtle and pernicious" influence on the decision.

"Ifan accused came from a more disadvantaged background or had a less prestigious career, he would not have this card to say, 'My career is important, and I cannot have a criminal record,'" she said.

Crown toappeal sentence

On Tuesday, Quebec'sDirector of Criminal and Penal Prosecutions (DPCP) said it will appeal Houle's sentence.

"A motion for permission to appeal is being drafted and will be filed with the Court of Appeal registry by July 21," the DPCP said in a statement.

The victim has been notified, the DPCP said, adding it could not comment further on the case.

Contacted by Radio-Canada, Houle and his lawyer, Pierre Spain, declined to comment.

There are resources and supports available to anyone who has experienced sexual violence:

• Quebec's Sexual Violence Helpline: Call1-888-9339007.
• Crime Victims Assistance Centres (CAVAC): Call1-866-5322822.
• SOS violence conjugale: Call1-800-3639010.
• CALACS:1 -877-7175252.
• Here is a list of sexual assault centres, crisis lines and support serviceselsewhere in Canada.