Edgar Fruitier was found guilty at the end of August 2021, before appealing the judgment.
Convicted last year of indecent assault for acts committed in the 1970s against a 15-year-old, former comedian and animator Edgar Fruitier will finally have to go to prison within a week, to be imprisoned there for six months.
After appealing this judgment , arguing that the Criminal Code at the time, his 15-year-old victim was not considered a child in matters of sexual consent, Mr. Fruitier was finally dismissed in the Court of Appeal .
He thus has approximately one week to surrender to the prison authorities.
According to Judge Yves-Marie Morissette, who presided over a group of three magistrates, the young age of the victim is one of the aggravating factors explaining the sentence, when Mr. Fruitier was already in his forties in time of the facts with which he was charged.
Moreover, writes the magistrate, a teenager under the age of 18 was still considered a “child”, in based on previous judgments of the Court.
Finally, the trial judge found that in this case, far from having consented to the touching, the plaintiff hastened to put an end to the physical contact initiated by the x27;appellant [Edgar Fruitier, NDLR], Judge Morissette wrote again in his decision.
The other argument put forward by the lawyer for Edgar Fruitier , that his client is too old and too ill to serve his sentence, was also dismissed on appeal.
Mr. Fruitier is now 92 years old, and as Judge Morissette reminds us in his decision, the Court can show leniency and impose a lesser sentence if it is expected that the convicted person has not little chance of serving his sentence before dying.
However, the trial judge noted that the accused was in relatively good health, and that the fact that the state of health of a offender is doubtful or precarious and that imprisonment may constitute an additional burden for him is not sufficient to justify a reduction of the sentence.
Judge Morissette relies on this case law, as well as on the absence of evidence that Mr. Fruitier suffers from a very serious state of health which, at the time of sentencing, involves a very serious permanent and debilitating disqualification , to affirm that the appellant must indeed serve his prison sentence.
With information from Geneviève Garon< /p>