No compensation for years of rape

Photo Pierre-Paul Poulin
Martine Legault said that the lawyer Marc Bellemare (right) is the only person in his life to have taken his defence.

Frederique Giguere

Monday, 17 July, 2017 21:20

UPDATE
Monday, 17 July, 2017 21:20

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After having seen his life ruined by sexual assault repeatedly during his childhood, a Montreal-based 38-year-old has had to fight for four years to be recognized as a victim deplores still have to wait to be compensated.

The calvary of Martine Legault began when she was 8 years old. The spouse of his mother is being attacked almost every day, and this, until she left home at 13 years old.

“I have the impression of being dead inside, she entrusted. I would really like to get it over so I can go to seek help and try to be in peace. “

Life tinted

The life of Ms. Legault has been tainted by this dark period : solitude, substance abuse, aggressiveness, violence. Since 2013, she attempts to receive compensation from the direction de l’indemnisation des victimes d’actes criminels (IVAC), and initiate healing.

As the first rapes began in 1987, Martine Legault has asked to be considered a victim from this period.

The agency refused, claiming that his request had not been filed within the period of one year provided by the act and that it had not demonstrated the inability to act during this period.

First victory

It is at this time that Ms. Legault has contacted the lawyer Marc Bellemare, which she sees as the only father she ever had.

“It was so big a story that I could not let this go,” he said.

After two refusals and four years of futile efforts, she won a first battle when the administrative Court ordered the IVAC to review its decision.

Last month, the organization has, therefore, accepted the claim of Martine Legault, but has set the date of the event December 1, 2012, the day she found the courage to file a complaint against his attacker.

“This is harassment and harassment, indignant mr. Bellemare. What they want is to deplete the victims by all means. “

To this day, the IVAC is still refusing to compensate Ms. Legault since 1987 even though a psychiatrist said she was suffering from a serious neurosis related to the attacks. The doctor has also confirmed that it was “non-functional” since 1987 because of the trauma suffered.

All the more that his father-in-law did not take to it. His younger brother, a person of small size, received many shots during this same period.

“He was playing with my head because the more I talked, the more he beat my brother,” she says.

Moments that never cease to haunt him, as the time where the one she nicknamed “the gentleman” touched him in the genitals while kicking at his brother.

Death before the investigation

Much to the chagrin of Ms. Legault, her abuser died of a heart attack a few hours before his preliminary inquiry, putting the sudden end to the legal proceedings.

“I have not yet lived, to me, has she blown it. I have spent my life to hate, and to want to see death. I numbed my pain of living with drugs, I had problems with the law and I’ve never had a relationship that had meaning because of him. I hate the human beings because of him. “

But the greatest misfortune of his life remains the day where his two children were adopted because she was no longer able to take care of it.

For reasons of confidentiality, the IVAC has not wanted to comment on the record.

An organization that would be in bad faith

Even if The IVAC has still not paid a penny to Martine Legault, the organization has already taken steps to make him cut his welfare benefits. Bad faith, according to the lawyer Marc Bellemare.

The IVAC works with a system “rotten” and “unhealthy,” adds the former minister of Justice, who does not mince his words when it is a question of the body responsible for compensating victims of crime in Quebec.

Challenge

Last June 16, Ms. Legault has received a letter informing him that his application for benefits had been accepted. However, since the date of the event giving rise to compensation is in dispute, the decision was once again challenged, said mr. Bellemare.

That being said, even if Martine Legault had accepted this decision, she would not have received cheque anytime soon, if we trust to the letter.

“Your request is sent to the stakeholder in charge of the dossier who will assess your needs and determine if you are entitled to compensation,” one can read there.

Interminable delays

The body has already been subjected to interminable delays at Martine Legault for the past four years, supports the main interested. However, it only took 14 days for the social welfare informs that from now on, she would no longer be entitled to its benefits, since it is now supported by the IVAC.

“She has not received one cent yet, protested Marc Bellemare. They do not pay, but they take all means possible to ensure that the social assistance stop the support. They are dragging her feet since 2013 and the first action they take is to cut off the supplies. “