A lawyer representing Just for Laughs founder Gilbert Rozon in a civil case in which nine women are suing him for a total of more than $14 million over alleged sexual abuse said in an opening statement to the court that Rozon admits to having “consensual” sex with three of the plaintiffs.
Rozon’s lawyer, Mélanie Morin, also said the claims made by the other six women “make no sense” and argued Rozon has already been convicted in the court of public opinion.
Included among the nine women in the civil case is Annick Charette, who was the complainant in Rozon’s criminal trial held at the same courthouse a couple of years ago. Rozon was acquitted in that trial. He testified in his defence in that trial and claimed he had consensual sex with her.
The trial is scheduled to last until March. Superior Court Justice Chantal Tremblay is expected to hear from dozens of witnesses, including the nine plaintiffs.
The first witness is expected to testify Monday afternoon.
“Sexual assault is one of the least reported crimes. When a complaint is filed, it is one of the crimes where a charge is less often filed,” said Bruce Johnston, one of the lawyers representing the nine women.
While making his opening statement, Johnston said that when a person is sexually assaulted by someone they know, they have three types of reactions: “fight, flight or freeze.” The victims who freeze, the lawyer said, not only feel humiliated, but also blame themselves.
“After it happens, they ask themselves: ‘Why did I let that happen? Why didn’t I cry out? Why didn’t I say anything?’ Or maybe: ‘It was my fault,’” Johnston said. “This phenomenon and its prevalence are incontestable in social science and will be treated in our (evidence).
“Victims often worry that they won’t be believed.”
“The defendant in our case understood that reaction from the potential victims.”
Johnston also argued the trial will prove that Rozon was “a predator” who expected his victims “to freeze” instead of denouncing him.
“Revisiting a rape is more difficult than experiencing one because all the victims, when they are asked questions about what happened, it brings back all the trauma they experienced. They are obliged to revisit it. So to claim that they are doing this to be opportunistic is ridiculous,” Johnston said. “The nine women here before you are courageous to do so.”
At the start of the trial, Tremblay denied a request from Rozon that it be delayed to January.
Laurent Debrun, one of the lawyers representing Rozon, asked that the trial be delayed because of new legislation adopted by the Quebec government last week in the National Assembly. Debrun said Rozon did not expect that the new legislation could be applicable to the trial. The legislation, Bill 73, deals with how evidence can be interpreted in court, in particular “the myths and stereotypes” concerning rape — for example, whether a victim asked the aggressor to stop or if they remained in a relationship after the abuse.
Debrun said allowing the new legislation to apply to this trial would deny Rozon the right to a fair trial because all preparation made for it was done before Bill 73 became law.
Johnston argued against the delay to January. He said the plaintiffs and many witnesses planned the coming months around the trial and that it would be a major inconvenience to grant the delay. Johnston said some of the people who will testify cancelled surgeries to fit the court’s schedule.
Tremblay agreed with the plaintiffs and ordered that the trial begin Monday.