Canada | A sex offender too sick for prison?
The man found guilty of sexually assaulting his nephew, the ex-hockey player and conservative candidate in Brome-Missisquoi Charles Poulin, when he was a child, is he too sick for prison
The court will have to decide after hearing the arguments of both parties on Wednesday at the Granby courthouse. In defense, Me Nicolas Cossette argued that incarceration was not appropriate for his client, Rosaire Poulin, given his age (79 years) and his physical condition.
«Had it not been for his state of health, a penitentiary sentence would apply,” admitted M.e Cossette. But this is an exceptional case. »
The septuagenarian, who uses a wheelchair, suffers from a form of muscular dystrophy which prevents him from meeting his basic needs such as eating and washing.
«Yes, we must denounce and dissuade. But prison would be of no use and in any case, his sentence would be served in a prison hospital. »
Me Cossette suggests instead two years of home confinement with a total ban on leaving the Granby seniors« residence where the accused currently lives. »He’s already going nowhere,” said the lawyer, while specifying that his client had no criminal record.
Remediable
The Crown does not agree. Mr. Poulin's health problems do not justify his escape from prison, Mr. Poulin said.e Valérie Simard-Croteau.
«Many cases of sexual assault are reported decades later, and many of the accused are Mr. Poulin’s age, people who ruined children’s lives. »
Everyone gets older, she added, and «none of that can’t be remedied by our (prison) system.» Particularly in federal penitentiaries, which house inmates serving sentences of more than two years and which «are equipped to handle cases like this,» said Mr.e Simard-Croteau.
She suggested a sentence of three and a half to five years in penitentiary for Mr. Poulin. «The law is the law, he committed crimes and the prisons will have to deal with them. »
The actions he committed towards a minor, i.e. masturbation, fellatio and sodomy «under the cover of sexual education» are «odious».
«Several years of the victim’s life were monopolized by the actions of Mr. Poulin. Incarceration is the only solution. » The accused has also expressed no remorse and has always denied his responsibility, said Me Simard-Croteau.
Asked to speak one last time in court, Rosaire Poulin did not make amends.
«I think everything has been said,» said the accused. I am not able to do anything, even for my personal hygiene. »
Judge Érick Vanchestein, of the Court of Quebec, must deliver his sentence at the end of March. He warned the defense that he had difficulty seeing how a home prison sentence could be applied for such crimes. Since the denunciation was made in 2012, the reprieve is possible, according to Me Cossette.
Source: http://www.lapresse.ca