Science enlightens the judge, but sometimes it blinds him.
Posted at 7:00 am
Has a concussion made a woman so uninhibited that she jumps on André Chenail so he can sleep with her?
In any case, it is thanks to this explanation that the former deputy has just been acquitted of assault.
The problem with the prosecution in this case is that the plaintiff does not remember anything. She went for a drink with Chenail. When she woke up on her couch, she was naked under a blanket, vomit in her hair. No idea what happened that night.
Except this flash: Chenail, naked, above her, penetrates her.
The ex-MP explained that he had no sexual ulterior motives by inviting this woman, who was once his employee.
After barely two glasses, while he is in the bathroom (unfortunately a coincidence), he hears crackling. It’s X, slumped on the floor, who just fell over and broke the chair when she fell.
She is then “a little unconscious”. He carries her to the bank. She comes to her senses. Go to the toilet. When she comes out, it’s a different woman: she literally jumps on him, gets undressed, does oral sex with him, grabs his penis and penetrates him without even asking his opinion.
That’s Mr. Chenail’s version.
X, she is convinced she has been drugged and raped. She has no other explanation for this fall. But it wasn’t until two days later that she went to the hospital. There are bruises, but no chemical abnormality in the blood, the date rape drug is only detectable for a few hours.
How do you know what really happened?
This is where science comes to the rescue for defense…
Renowned neuropsychologist Dave Ellemberg is called to Mr. chenail. He explains to Judge Joey Dubois, of the District Court of Quebec, that one of the possible side effects of a concussion is loss of inhibition. A symptom that affects “22% to 32%” of concussion victims. This results in sudden outbursts of violence (particularly in men) or loss of sexual inhibitions (seen more in women).
According to the expert, this change in behavior is therefore plausible and has already been observed.
The judge concludes that X’s apparent consent was not valid: it was caused by a concussion.
But in the same breath, the judge acquitted Chenail because he “sincerely believed” in this permission. Given X’s sexual behavior, he could reasonably be mistaken, the judge concluded, but acknowledged that this is a ‘borderline’ case.
Of course I don’t doubt D’s expertiser Ellemberg.
It is forensic analysis that interests me. Common sense still has its rights, despite the amazing things science teaches us.
Let Chenail’s version be true. So this seven year old who has seen others finds this poor woman on the floor when he comes out of the toilet. She is “a little unconscious” and “as if it isn’t there”. So much so that he has to take her to a bank himself.
Let’s say, as he says, this woman who just vomited her life came out of the bathroom a few minutes later, transformed into a nymphomaniac. She still has vomit all over her hair. But he doesn’t ask himself questions, come on, let’s have fun!
It seems to me that if someone knocks themselves out in the kitchen, and you have nothing to be ashamed of (no evidence of drugs, we said), the best, or even “reasonable” thing to do is a call a doctor, right? † 911? Is there any doubt about the true state of this person who is not there mentally? A woman who comes to get your sex for inexplicable reasons?
I really don’t have the same definition of what is “reasonable” to “believe sincerely”.
This sudden “loss of inhibition” did not reappear after that. It’s full of mystery, concussion.
X fled all contact with Chenail and told her family the next day that she had been raped. She is sure of it, despite this mysterious “blackout”. It was her daughter who convinced her to go to the hospital for tests.
If none of this paints a picture of sexual assault, at least it shows a man who is dangerously unconcerned about the safety of this woman who was knocked to the ground.
I don’t know if there will be a roll call, but I know this without a doubt: I would never eat out with this person.