Despite the contradictions of a 7-year-old boy who had to recount three times the sexual assault he suffered from his mother's ex-husband, the credibility of his "childhood testimony" does not was never affected, says a judge who found ex-educator Nicolas St-Pierre guilty of sexual assault.
Nicolas St-Pierre has exercised his right to silence since his arraignment in January 2018 and never testified at his trial.
Conversely, the victim had to tell her story three times: to the investigator when filing her complaint, then during the preliminary investigation and at the trial, undergoing cross-examinations in the process.
candy for sex
On January 6, 2018, the boy's mother, pregnant with the accused, had gone to take a nap, leaving her son to watch television with St-Pierre.
That's when the former daycare educator offered candy for sex and put his penis in the child's underwear.
When she woke up, the boy's mother found her son between the legs of the accused, who had his panties on at mid-thigh in addition to being erect under a blanket. The woman, panicked, had quickly left the scene with her boy, who had confirmed the events to her once in the car.
For fear of sending Nicolas St-Pierre to prison, the child closed up when it came time to talk about the sexual assault with the investigator.
Two years later, at the preliminary investigation, the victim had however been more specific and had given even more details at the trial, in March 2022, when he was 11 years old.
The defense argued that these were contradictions that undermined the child's credibility.
In her judgment, Judge Annie Trudel did not accept this argument. "The victim testified honestly," the judge noted, noting that the child was quick to admit he was wrong at times.
The same goes for the mother of the victim, who even aborted the child she was carrying after the fact to ensure that St-Pierre would never have any other contact with his children.
Especially since the post-criminal behavior of the accused "is revealing", according to the judge. “He never asked her what happened to her baby. This is inconsistent with common sense,” she said.
A judge "may consider that silence confirms this guilt", ended the magistrate who found St-Pierre guilty of one count of sexual assault.