Out of remorse after cheating on her boyfriend with another man, Victoria* invented a false story of gang rape, the defense argued Thursday, trying to portray the complainant as a liar. Myths and stereotypes, deplored the Crown at the trial of specialist doctor Stephan Probst and his wife.
“It is one of the most entrenched myths in our society […] that of the woman who has an extramarital relationship, who has remorse, and who invents a story of sexual assault from scratch. […] We must be very careful,” argued Ms. Delphine Mauger, Crown prosecutor.
“I ask you to reject these myths and stereotypes,” she insisted to the judge.
Stephan Probst, 46, and his partner Wendy Devera, 30, are accused of group sexual assault of a young artist in 2020. A specialist in nuclear medicine, Stephan Probst is medical chief at the Jewish General Hospital and professor at the McGill University.
Victoria* met Wendy Devera on an app to have a sexual “experience” with another woman. Her boyfriend knew about it and supported her. When she went to Stephan Probst’s penthouse to join Wendy, she was clear that she didn’t want a relationship with another man.
“This whole story was invented,” insisted the defense lawyer, Me Valérie Riendeau.
According to the defense, Victoria got carried away into an evening of “drugs and sex with another man.” Having a panic attack in the taxi, she invented a story for her boyfriend.
“Why lie so much? Why hide so many things except that she had several things to blame herself for? […] She had broken the agreement with her spouse,” pleaded Me Riendeau, who is teaming up with Me Ana-Maria Mocanu.
The versions of the accused and the complainant agree on two crucial elements: Victoria rejected the advances of Stephan Probst in the spa. Then, a few minutes later, the accused penetrated the complainant from behind, while she was performing consensual cunnilingus on Wendy Devera.
In his defense, Stephan Probst said the complainant’s “moans” to his touches amounted to consent. He claims that Victoria then saw him approach her with his erect penis. Even though she said nothing, she then expressed general consent, according to the accused.
But neither implied consent nor ambiguous consent exists in Canadian law, recalls the Crown prosecutor. “Only a yes can say yes,” insisted Me Mauger. In short, Stephan Probst took no steps to ensure the complainant’s clear consent to penetration without a condom, according to the Crown. In addition, the complainant had expressed a “very clear refusal” in the spa.
At trial, Victoria described feeling dizzy and having difficulty moving during the evening. For the defense, the complainant clearly exaggerated her symptoms. The proof: she then had enough balance to perform cunnilingus on the co-accused, pleaded Mr. Riendeau.
Victoria’s testimony is not perfect, but it does not need to be, recalled Me Mauger, highlighting this myth of the “perfect victim”. “It would have been suspicious if everything was perfect,” added his colleague Me Jérôme Laflamme.
On the contrary, Stephan Probst delivered “pre-chewed” answers and was “very rigid” during his testimony, according to the Crown. The accused even evoked his memories of September 11 to justify his memory of this “threesome” among the dozens he had with Wendy Devera.
“If Mr. Probst remembers September 11, 2011, [Victoria] remembers very well where she was on August 28, 2020,” replied Mr. Mauger.
As for Wendy Devera, she is guilty, according to the Crown, because she actively participated in the three-way sexual relationship and because she did not ensure the consent of the complainant once Stephan Probst was in bed.
Judge Suzanne Costom will deliver judgment at the end of August.
