Manitoulin man in historical sexual assault case avoids jail time again
A Manitoulin Island taxi company owner charged in a historical sexual assault pleaded guilty to a lesser charge Tuesday morning, his second conviction this year.
After learning of accusations made against 57-year-old Allan Genereux, the victim came forward with similar complaints against him in November 2021.
As a result, Genereux was charged with sexual assault in connection with an incident that happened more than 30 years ago -- between January 1996 and December 1998 – when the victim was between 16 and 18 years old.
While the case was scheduled for a jury trial at a later date, the Crown and defence came to a plea bargain resulting in the accused pleading guilty to the lesser charge of assault in a Gore Bay courtroom Sept. 26.
The victim met Genereux, who was in his early 30s at the time, on several occasions at a private trailer in Little Current, the court heard Tuesday.
"At least once, he initiated physical conduct (applied force) that she didn't consent to and made her feel uncomfortable," the agreed statement of facts said.
The assault was intimate enough and serious enough that it caused considerable trauma to a young woman, the Crown attorney said in his sentencing submission.
"She was young at the time and the incident has stayed with her all her life," the judge said in her sentencing decision.
"You have a problem respecting the personal boundaries of others. You touch people, sometimes sexually, and you do that without consent. When you do that, you hurt them, maybe not physically, but psychologically. You hurt their soul and they have to live with that hurt all of their lives. You have to say 'I will not do that again.'"
The other case involving similar accusations made by another woman was resolved earlier this year with a similar plea.
In both cases, he received suspended sentences followed by 12 months probation and no-contact and DNA orders.
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Prior to the two convictions this year, Genereux had three others -- in 1986, 1990 and 2021. He received a six-month conditional sentence for assault in 2021.
Being from Wiikwemkoong Unceded Territory, Gladue principles were considered in sentencing without a formal report.
"If you keep doing this, there will be no other alternative to put you in jail and likely for a long time," the judge said.
"Look inside yourself and take steps to learn about other peoples' boundaries."
Factors in the judge's decision include sparing the victim from testifying, sincere plea made without excuses, and the accused has faced impacts from discrimination and racism due to being Indigenous.
BACKLASH FROM COMMUNITY
Since the two most recent charges were laid in 2021, "this man has not gone without punishment," defence attorney Brad Allison said in his sentencing submission.
While Allison previously withdrew as Genereux's counsel, he agreed to represent him in recent resolution discussions with the Crown and in court Tuesday.
Genereux and his mother operated a taxi company out of Little Current and following the accusations, the Town of Northeastern Manitoulin and the Islands revoked their license, Allison said.
As a result, he had to lay off his employees and suffered a significant financial setback.
Three months ago, when the first of the two matters were resolved, the municipality rescinded the bylaw and he has been able to resume his taxi service, Allison said.
The Crown attorney noted during his sentencing it was troubling that someone with so many assault convictions is operating a business transporting people who are sometimes alone and could be vulnerable.
SUPPORT AVAILABLE FOR SURVIVORS
If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:
If you are in immediate danger or fear for your safety, you should call 911.
A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found at ReeseCommunity.com. Resources in your community can be found by entering your postal code.
Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.
National Residential School Crisis Line: 1-866-925-4419
24-hour crisis line: 1-416-597-8808
Canadian Human Trafficking Hotline: 1-833-900-1010
Trans Lifeline: 1-877-330-6366
Sexual misconduct support for current or former members of the Armed Forces: 1-844-750-1648
Read about your rights as a victim here.
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