A specialist doctor accused of raping a young woman with an accomplice maintains that the complainant consented through her “moans” to penetration without a condom, even though she had just “gently” pushed him away. And if he remembers the evening so much, it’s because it was a “beautiful threesome”.

“Madame is receptive, she is participatory, she takes pleasure. She moved in concert with me. There is no doubt about his consent in the sexual relationship,” Stephan Probst defended Tuesday at the Montreal courthouse.

The 46-year-old Montrealer and his partner Wendy Devera, 30, are accused of sexual assault with the participation of another person. A specialist in nuclear medicine, Stephan Probst is medical chief at the Jewish General Hospital and professor at McGill University.

Victoria* testified last week that she met Wendy Devera on an app in 2020 to have a sexual “experience” with another woman. At Ms. Devera’s request, she joined her at Stephan Probst’s penthouse. Victoria had clearly established that she had no interest in a man.

According to her account, Victoria was likely drugged without her knowledge, since MDMA (ecstasy) was found in her blood. She never agreed to consume it, she assures. After drinking a drink prepared by Stephan Probst, Victoria said she lost control of her limbs and felt “dizzy”.

Victoria claims to have rejected Stephan Probst’s advances in the spa. Then, in bed, she said she was penetrated by the accused without her consent, while Wendy Devera held her back. Victoria claims to have expressed her disagreement on several occasions. When she fled, Stephan Probst caught up with her and raped her on the wardrobe, according to her account.

In a short, very detailed and rapidly recited testimony, the doctor firmly denied having raped and drugged Victoria. At the time, Stephan Probst was a regular at threesome sex. He says he had around forty with the co-accused and many more with other people. Why does he remember this one so much?

“Memory is special. […] There are evenings that mark us,” he explains, citing his memories of September 11.

Stephan Probst sometimes invited friends from his “sex friend” group. Other times, it was Wendy Devera meeting young women on apps and inviting them to his house. In Victoria’s case, Stephan Probst agrees that she wasn’t initially interested in a threesome.

Why did you invite her in this case?, asked the Crown prosecutor Me Jérôme Laflamme. “We’ve never uninvited anyone who didn’t want a threesome. The goal of the evening is not always a threesome. That’s not the plan. It’s a possibility,” the accused explained.

During the party, Probst offered MDMA to Devera and Victoria, who agreed to take it. He bought the drug, “crystalline MDMA powder,” carefully calibrated it and diluted it in water, he said. The low dose of 30 milligrams was intended to give a “buzz” without getting “high.”

He added that he had not used it, since MDMA is “bad for erections.”

In the spa, Stephan Probst tries to kiss Victoria, but she turns her head “kindly” to express her refusal. “I understood that it was a clear refusal. It was a refusal with a smile. Madame is neither shocked nor annoyed. A very kind refusal,” he describes.

The trio then heads into bed. When Victoria performs cunnilingus on Wendy Devera, Stephan Probst begins to touch the complainant’s penis. As Victoria is “receptive,” he begins to penetrate her. “She was moaning to my touches, there’s no doubt she consented,” he says. “Moaning is moaning, it’s consent to the activity overall,” he insists in cross-examination.

Stephan Probst maintains that Victoria saw him preparing to penetrate her, while she was performing cunnilingus on the co-accused. How is it possible ? “You want me to draw angles? “, replied the accused. In his eyes, Victoria consented to this penetration without a condom because he “didn’t have a condom.” “She could see me erect behind her. Absolutely clear that she was OK with me penetrating her,” he argues.

Stephan Probst does not know why the complainant found herself with redness on her wrists. “Neither Wendy nor I held, restrained or controlled Madam’s movements,” he insists.

Stephan Probst is insistent: he did not have another sexual encounter with Victoria in front of the wardrobe. “Completely false. The sex machinery was off, there were no other attacks as the lady claims,” he says.

In his eyes, Victoria had nevertheless had a “nice evening”. So it was the “shock of his life” when the police arrested him a year later.

Stephan Probst is sorry to have never found a young woman present at the start of the evening, but who left before the alleged attacks. “I would love for her to be there,” he says.

The trial continues Wednesday before Judge Suzanne Costom.