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, and in Canadian law […] that of the woman who has an extramarital relationship, who has remorse, and who invents a story of sexual assault. […] You have to be very careful, because in my opinion, you do not have the beginnings of proof that this is the case in this case,” argued Me Delphine Mauger, Crown prosecutor.
“I ask you to reject these myths and stereotypes,” insisted Mr. Mauger, who is teaming up with Mr. Jérôme Laflamme.
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.
At the time, Victoria* wanted to have a sexual “experience” with another woman. Her boyfriend knew about it and supported her in her quest. She had met Wendy Devera on an app. When she went to Stephan Probst’s penthouse to join Wendy, the complainant was clear that she did not want a relationship with another man.
At the trial, Victoria recounted having been sexually assaulted by Stephan Probst, while she had apparently been drugged with MDMA (ecstasy). Wendy Devera held the complainant during the attack, according to her version. When Victoria fled, she claims to have been attacked again by the accused. She left half naked in a taxi.
“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.” Once in the taxi, she had a panic attack, as she is “predisposed” to it, according to the defense, and 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 partner. She had made a promise to herself to respect her values and principles,” argued Mr. Riendeau.
Judge Suzanne Costom then asked her why a supposedly remorseful woman would call her boyfriend in tears to make up a story on the spot?
“We are dealing with someone who has anxiety,” insisted Mr. Riendeau.
According to the defense, once the complaint was filed, the complainant had “no choice but to construct a story to spread the false accusations.”
For the Crown, this is a “founding myth” in Canadian law.
In all cases, according to the Crown, Stephan Probst’s own testimony at the trial demonstrates that he took no measures to ensure the complainant’s consent to vaginal penetration without a condom. On the stand, Stephan Probst referred to the complainant’s “moans” and the look on her face when she saw his erect penis as proof of “implied” consent.
However, neither implied consent nor ambiguous consent exists in Canadian law, recalls Me Mauger. “Only a yes can say yes,” she insisted. In addition, the complainant had expressed a “very clear refusal” a little earlier in the spa, when Stephan Probst had tried to kiss her.
At trial, Victoria described feeling dizzy and having difficulty moving during the evening. She even struggled to get dressed at one point. However, for the defense, the complainant clearly exaggerated her symptoms. The proof: she then had enough balance to perform cunnilingus on the co-accused.
“I’m going to be crude: doing cunnilingus doggy-style requires a certain amount of balance,” pleaded Ms. Riendeau. Moreover, the complainant supposedly had enough strength to run towards the exit, the lawyer raised.
According to the other defense lawyer Me Ana-Maria Mocanu, Stephan Probst was “very credible” and was not contradicted on any facts.
Wendy Devera did not testify.
Closing arguments continue Thursday afternoon.
