The issue of a woman that was denied a rape kit at the Montreal General Hospital because she speaks French is generating controversy about the protocol for getting a rape kit in Quebec.

The woman’s case get to earlier this month when her perpetrator bagged an 18-month jail term for sexual assault. Details from testimonials during her trial revealed that the woman was first taken to the Montreal General Hospital in July 2020 by the Montreal police (SPVM) for a rape kit, but she was redirected to two other hospitals before she got the service.

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

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

Trent said: “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.”

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 took the woman to the nearest designated centre, in this case, the Montreal General Hospital, and they were redirected by staff to the Centre hospitalier de l’Université de Montréal (CHUM) hospital, where rape kits are not administered. The CHUM later 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.”

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

Trent revealed this does warrant questions about whether the protocol needs to be updated.

She said: “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.”

Meanwhile, Quebec’s language watchdog, the OQLF, has confirmed they have commenced an investigation into the case.

A statement sent from the cabinet of French Language Minister Jean-François Roberge read: “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.”

Dr Lucie Opatrny, President and Executive Director, MUHC, said: “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.”

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

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