Judge could jail man, 93, for 1950s incest with two daughters

[Stan]

Jan 25, 2009 04:30 AM

THE CANADIAN PRESS

MONTREAL–He is deaf, nearly blind and barely mobile but 93-year-old Philippe Hamelin could find himself behind bars soon.

A Quebec judge is to decide Tuesday whether he should be imprisoned after being convicted of incest dating back nearly half a century.

The Crown is seeking a prison sentence between seven and nine years. Hamelin's lawyer has asked for two years less a day in the community, adding that any prison time would be like a death sentence.

Some experts say jailing Hamelin would be pointless, given he has no previous record and given assurances from his lawyer that he poses no risk to society or to reoffend.

"The goal of imprisonment is to punish," said Elizabeth White of the St. Leonard's Society of Canada, a charity dedicated to community safety.

"But when a 93-year-old is in a wheelchair and possibly has other infirmities, I'm not at all convinced that prison will be a punishment for him, even if he knows where he is."

Hamelin has a degenerative disorder similar to Alzheimer's. He cannot get to court without help.

He was convicted last year of incest, sexual molestation and assault causing bodily harm against his daughters between 1956 and 1963.

His daughters Marcelle and Michele, now in their 60s, had the publication ban on their identities lifted at their own request last year.

Hamelin claims he's innocent.

Marcelle does not expect her father to spend time in jail; she would rather he simply own up to his crimes and stay away from minors.

The proposed destination for Hamelin is a prison infirmary. Correctional Service of Canada said it can house an elderly inmate.

[Liz]

I am a little confused (I know shocking), why did it take so long to convict him? Or did they just now bring the charges against him? It seems a little late that these daughters wants him to stay away from minors--seeing as how he is almost dead. Where were they when it was highly likely that he was out there being a monster?

[olger]

This is waaaaaayyy past the statute of limitations. Dumb, dumb, dumb.

[Dottie]

Is there a statute of limitations on that crime? different municipalities have different laws.

[Tom Wetmore]

Generally criminal laws do not have a statute of limitations. Civil actions do.

[Stan]

For some, it means healing to do such. In Canada I do not think there is a statute of limitations on crimes against children.

[Stan]

Quote:

Daughter wants other abuse victims to denounce attackers

Marcelle Hamelin says she filed a complaint against her father in 2004, as she battled alcoholism and depression and after he said he felt no remorse for his actions.

She said she hopes other victims of sexual abuse will come forward, no matter what links may exist between them and their attacker.

"All I can hope to tell women who are victims of abuse is to denounce ... and liberate yourself, no matter who it is, even if it is your father," she told reporters gathered outside the courtroom.

"Your father is supposed to be the most important person in your life and mine was a monster."

In his ruling, Quebec court Judge André Perreault said the evidence against Hamelin was strong enough to find him guilty.

Marcelle Hamelin said she was pleased with the verdict but doesn't expect her father to serve any jail time, just to stay away from children.

She said he lives in a seniors' residence where he plays Santa Claus every Christmas and visiting children sit on his lap, a ritual she'd like to see end.

There was no immediate word on a sentence for Hamelin.

[olger]

HEY OLGER

WELL MAYBE it is way past the statue of limitations

but what about the memory of the 2 daughters

dgrimm60

The memory of the daughters will be there forever, but healing will bring peace to the memory.

Civil punishment will not bring one shred of healing to the heart, since you brought the topic up. Healing comes from Jesus and from forgiveness in the heart.

[True-believer]

Wow, is the 93yr old man going to spend the rest of "his life" in prison and die there.

He won't even remember where he is.

Thats no punishment...

To put people in prison they have to know that they are in prison.

He has alsiemers--he will loose his memory, he will loose where he is.

He will forget that he is in prison and use it as a holiday retreat before he dies.

[Ben_White]

Then maybe they should either hang him or give him the electric chair, preferably in the most painfull way possible......

[rudywoofs (Pam)]

Then maybe they should either hang him or give him the electric chair, preferably in the most painfull way possible......

likewise should God show such mercy to sinners?

The daughters aren't after blood revenge: "Marcelle Hamelin said she was pleased with the verdict but doesn't expect her father to serve any jail time, just to stay away from children."

I agree with Olger

[Dr. Shane]

The question is why these daughters didn't come forward earlier if they are so concerned about the old man being around children. He is 93 and has a degenerating terminal illness. Why would anyone even consider prison? Put him in a nursing home and be done with it.

[phkrause]

I'm coming in a little late here, my question is, has it been actually proven? Or am I asking a dumb ?.

pk

[phkrause]

Forget my previous post I just read the very first post by stan. Now I really feel dumb!!!!!!

pk

[phkrause]

I hear you dgrimm

pk

[Woody]

I hear you dgrimm

pk

I hear you dgrimm

2

red