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Regardless of their age, victims of sexual assault are haunted by their childhood now have a free way to denounce their aggressor.
Regardless of their age, victims of sexual assault are haunted by their childhood can now claim justice, even if the acts complained of occurred more than 30 years.
Filed on June 4, the bill 55, sponsored by the minister of Justice, Sonia LeBel, has been adopted in a record time, on Friday, unanimously.
So, the limitation period of 30 years which was determined to be able to bring a civil action against a suspected abuser is abolished.
Therefore, there is no limit of time.
This limitation, disputed for years, was three years until 2013, when the pq government had set the bar at 30 years.
The speed with which the legislative has passed all of the steps is not foreign to the complicity between the four women, who have walked hand in hand, resolved to correct this injustice : the minister Sonia LeBel, the liberal mp and ex-minister of the feminine Condition, Hélène David, member of parliament in solidarity of Sherbrooke, Christine Labrie, and mp pq Joliette, Véronique Hivon.
The elderly, who often have decades to identify a trauma that occurred during childhood — whether one thinks of the pupils of the past assaulted repeatedly by pedophile priests — now the free way to denounce their aggressor.
Febrile, minister LeBel, who has, for example, to modify the civil Code, described the moment as” historic, ” making his latest remarks in the Chamber prior to the adoption of the draft law, which has only six articles.
It is ” a small bill in the number of its articles, but o how great, immense bill in its effect “, she observed, because these crimes “touch the soul” of the people.
Trained psychologist, Helen David told have seen for decades scroll in his office ” of patients suffer from injuries due to sexual violence, and psychological violence in childhood, spousal violence “.
It has been observed that the time was an important factor to consider for this type of crime. “Time is something eminently subjective, when we speak of time, mental of psychological time “, she argues, is convinced that the new law would “really” change the society.
“We really made a big step for the humanity of Québec “, she concluded.
According to Christine Labrie, the message that must remember the victims, “is that it is never too late” to pursue remedies.
However, if the abuser is deceased, the victim will have three years after his death to bring an action for the estate of the deceased.
Unusually, the law will even be applied retroactively.
Thus, if a lawsuit past has been rejected by the tribunal solely because the limitation period expired, the victim will have three years to return to the charge.
The act 55 also stipulates that the apology by the aggressor to the victim do not constitute a confession within the meaning of the act and so will not be admitted in evidence.
A child victim today of sexual abuse will be able to drag into court his or her abuser in 50 years.
Article 4 of the law amends the civil Code to indicate that it applies to any search of redress for a harm related to ” an assault of a sexual nature, of the violence suffered during childhood, or the violence of a spouse or a former spouse, and this, without regard to any period of limitation applicable before the entry into force of this act “.
Of abuse suffered during childhood, number of studies and reports have shown that it may be difficult for the victim to remember the traumatic events experienced long ago. Decades may also be necessary before you find the strength to face them to the court for an attacker.
Minister LeBel was committed to file a bill prior to the adjournment of the work of this parliamentary session. It was an electoral commitment of the CAQ.