French-speaking victim allegedly denied rape kit at Montreal General Hospital

The case of a French-speaking woman who was reportedly denied a rape kit at the Montreal General Hospital is raising questions about the protocol in place to get a rape kit in Quebec.

The woman’s case was in court earlier this month when her perpetrator was sentenced to 18 months in jail for sexual assault. Details from testimonials during her trial – obtained by La Presse – reveal that the woman was first brought to the Montreal General Hospital in July 2020 by the Montreal police (SPVM) for a rape kit, but was redirected to two other hospitals before receiving the service.

In an email, the McGill University Health Centre (MUHC), which oversees the Montreal General Hospital, explains there is a long-standing protocol that outside business hours the Notre-Dame Hospital is the designated centre providing care for adult victims of sexual abuse who speak French. The Montreal General Hospital is mandated to provide services outside regular hours to English-speaking adults, in partnership with the Montreal Sexual Assault Centre.

Deborah Trent, the Executive Director of the Montreal Sexual Assault Centre, which also manages the Quebec-wide helpline (1-888-933-9007) for anyone affected by sexual violence, says having a specialised team doing this work is crucial.

“Because these services are specialized and they require training, it’s really important that there be a clear protocol. In order to complete a forensic evidence kit you need to have training, you have to know what you’re doing, it’s ultimately a legal tool. They’re not available everywhere because it requires expertise, knowledge, training and we want to provide victims with the best care possible so we want to be able to provide a complete intervention,” Trent explained.

In a statement the MUHC said: “It is our duty to inform French-speaking victims that Notre-Dame is the designated hospital. However, under no circumstances we refuse to treat anyone who prefers to stay at the Montreal General Hospital, regardless of language.”

In an email, the SPVM says they brought the woman to the closest designated centre, in this case the Montreal General Hospital, and staff redirected them to the Centre hospitalier de l’Université de Montréal (CHUM) hospital, where rape kits are not administered. The CHUM then redirected her to the Notre-Dame Hospital where she received the service.

In a statement the SPVM said: “The police, in good faith, followed the instructions of the hospital staff and accompanied the victim to this location.”

The MUHC denies that saying: “The triage nurses are all well aware of the long-standing entente. As such, a patient would not be redirected to the CHUM.”

Trent says this does raise questions about whether the protocol needs to be updated.

“Of course it’s important to question, review and look at the protocol. Does it make sense with the Montreal that we have today in terms of linguistic divisions. There needs to be some work done to ask ourselves does this protocol the way it stands now make sense? But does there need to be a protocol, yes. Because people need to know where to go,” she explained.

‘This situation is unacceptable’ 

Quebec’s language watchdog – the OQLF – has confirmed they launched an investigation into the case.

“This situation is unacceptable. The facts reported by the judge are extremely troubling. Our heart goes out to the victim. All hospitals in Quebec must offer services in French. The OQLF will investigate the availability of French services at this hospital,” reads a statement sent from the cabinet of French Language Minister Jean-François Roberge.

The MUHC has also launched an internal investigation.

“The reported facts point to an event that is unacceptable and incompatible with the MUHC’s responsibilities, values and mission, and we are investigating it. We never refuse any patient. We are proud to offer care and services in both French and English, depending on the patient’s preference, in all our sites,” said Dr. Lucie Opatrny, President and Executive Director, MUHC.

Victims can call the sexual violence helpline 24/7 at 1-888-933-9007 to get information on which centres across Quebec that they should go to for a rape kit.