Sexual assault: law rescinding
prescription is adopted
Regardless of their age, victims of childhood sexual assaults can now demand justice for them, even if the alleged acts date back over 30 years.
Tabled on June 4, Bill 55, sponsored by the Minister of Justice, Sonia LeBel, was adopted in record time, Friday, unanimously.
As a result, the 30-year limitation period that was set for bringing a civil action against an alleged attacker was abolished.
There is therefore no longer any time limit.
This limitation period, disputed for years, was three years until 2013, when the PQ government raised the bar to 30 years.
The speed with which the legislative piece has passed all the stages is not unrelated to the complicity between four women, who walked hand in hand, resolved to correct this injustice: Minister Sonia LeBel, Liberal MP and ex-Minister from the Status of Women, Hélène David, the solidarity member for Sherbrooke, Christine Labrie, and the PQ member for Joliette, Véronique Hivon.
Elderly people, who will often take decades to identify a trauma that occurred during childhood - think of schoolchildren of the past repeatedly attacked by pedophile priests - now have free rein to denounce their aggressor.
Feverish, Minister LeBel, who thus amended the Civil Code, described the moment as "historic" by making her last remarks in the House before the adoption of the bill, which has only six articles.
It is "a small bill in the number of its articles, but oh so big, a huge bill in its effects,
" she observed, because these crimes "touch the soul." " people.
A psychologist by training, Hélène David said that for decades she had seen scrolling through her office "patients suffering from trauma due to sexual and psychological violence, violence during childhood, domestic violence".
She observed that time was an important factor to consider for this type of crime. "Time is something eminently subjective, when we talk about psychic time, psychological time," she said, convinced that the new law would "really" change society.
"We have really taken a big step for the humanity of Quebec," she concluded.
According to Christine Labrie, the message that victims must remember is “it will never be too late” to exercise legal remedies.
However, if the aggressor has died, the victim will have three years after his death to bring an action for the estate of the deceased.
Exceptionally, the law will even have a retroactive effect.
Thus, if a past prosecution has been dismissed by the court solely because of the expiration of the limitation period,
the victim will have three years to return to the charge.
Law 55 also stipulates that an apology presented by the aggressor to his victim will not constitute an admission
within the meaning of the law and therefore cannot be admitted into evidence.
A child victim of sexual abuse today will be able to take his attacker to court in 50 years.
Article 4 of the law amends the Civil Code to indicate that it covers any search for compensation for harm linked to "sexual assault, violence suffered during childhood, or violence by a spouse or a former spouse, without regard
to any limitation period applicable before the entry into force of this law ”.
For childhood abuse, numerous studies and reports have shown that it can be difficult for the victim to recall the traumatic events experienced a long time ago. Decades may also be necessary before finding the strength to bring an assailant to justice.
Minister LeBel committed to tabling a bill before the adjournment of this parliamentary session. It was an electoral commitment from the CAQ.
Tabled on June 4, Bill 55, sponsored by the Minister of Justice, Sonia LeBel, was adopted in record time, Friday, unanimously.
As a result, the 30-year limitation period that was set for bringing a civil action against an alleged attacker was abolished.
There is therefore no longer any time limit.
This limitation period, disputed for years, was three years until 2013, when the PQ government raised the bar to 30 years.
The speed with which the legislative piece has passed all the stages is not unrelated to the complicity between four women, who walked hand in hand, resolved to correct this injustice: Minister Sonia LeBel, Liberal MP and ex-Minister from the Status of Women, Hélène David, the solidarity member for Sherbrooke, Christine Labrie, and the PQ member for Joliette, Véronique Hivon.
Elderly people, who will often take decades to identify a trauma that occurred during childhood - think of schoolchildren of the past repeatedly attacked by pedophile priests - now have free rein to denounce their aggressor.
Feverish, Minister LeBel, who thus amended the Civil Code, described the moment as "historic" by making her last remarks in the House before the adoption of the bill, which has only six articles.
It is "a small bill in the number of its articles, but oh so big, a huge bill in its effects,
" she observed, because these crimes "touch the soul." " people.
A psychologist by training, Hélène David said that for decades she had seen scrolling through her office "patients suffering from trauma due to sexual and psychological violence, violence during childhood, domestic violence".
She observed that time was an important factor to consider for this type of crime. "Time is something eminently subjective, when we talk about psychic time, psychological time," she said, convinced that the new law would "really" change society.
"We have really taken a big step for the humanity of Quebec," she concluded.
According to Christine Labrie, the message that victims must remember is “it will never be too late” to exercise legal remedies.
However, if the aggressor has died, the victim will have three years after his death to bring an action for the estate of the deceased.
Exceptionally, the law will even have a retroactive effect.
Thus, if a past prosecution has been dismissed by the court solely because of the expiration of the limitation period,
the victim will have three years to return to the charge.
Law 55 also stipulates that an apology presented by the aggressor to his victim will not constitute an admission
within the meaning of the law and therefore cannot be admitted into evidence.
A child victim of sexual abuse today will be able to take his attacker to court in 50 years.
Article 4 of the law amends the Civil Code to indicate that it covers any search for compensation for harm linked to "sexual assault, violence suffered during childhood, or violence by a spouse or a former spouse, without regard
to any limitation period applicable before the entry into force of this law ”.
For childhood abuse, numerous studies and reports have shown that it can be difficult for the victim to recall the traumatic events experienced a long time ago. Decades may also be necessary before finding the strength to bring an assailant to justice.
Minister LeBel committed to tabling a bill before the adjournment of this parliamentary session. It was an electoral commitment from the CAQ.