Victim of sexual assault by her uncle 35 years ago, a woman who initially won in civil court and won $800,000 in restitution has just won another victory against her uncle, this times in the criminal chamber.
"I'm very proud today, it's a wonderful victory," said the 50-year-old. Although the victim wishes his identity to be revealed as was the case in the civil case, a publication ban prevents us from naming him.
The one facing her family and living in "total denial" for years will now be able to say she was believed by two judges on all fronts. "They're going to have to take responsibility for what they did," the lady said of her parents and her abusive uncle, Gaston Auger, 57.
800 000 $
In a ruling that sets precedent, the lady had first shown in court that her parents, Gemma and Raymond, had been accomplices of the abusive uncle who abused her from the age of nine, during visits to her grandparents. -parents, up to the age of 16. It must be said that Gaston Auger had been convicted of the gang rape of a 14-year-old girl in 1983.
However, the victim's parents still forced her to sleep in her uncle's bed during visits to Sainte-Françoise-de-Lotbinière until June 1987, when the victim finally decided not to go to his grandparents where his attacker lived.
Gemma and Raymond have "clearly abdicated" their role as protectors of their daughter, the judge concluded, ordering the parents and the abuser to pay a total of $806,306 to the victim.
In addition to this first battle, the victim also made a criminal complaint in 2015 against Gaston Auger. While the victim testified before Judge Sébastien Proulx in addition to being cross-examined at length by defense counsel, the accused Auger never testified, basing his defense on the complainant's reliability in speaking of "contradictions" and "implausibilities".
"It is quite normal [for the complainant] that she misses parts of this bad film," Judge Proulx said, recalling that the digital and then complete sexual assaults began in 1978. The victim cried in silence when the court said it believed her in finding Auger guilty of the counts of indecent assault and sexual assault.
"It's very empowering that a judge takes the time to tell you they believe you," the lady said after the guilty verdict. "Justice is served at both levels [civil and criminal]," she said. Gaston Auger will return in December for sentencing submissions.