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An osteopath was acquitted of sexual assault because his internal pelvic treatment was strictly clinical.
This decision addresses the criminal charge of sexual assault against Robert Morelli, an osteopath accused of performing an internal pelvic treatment on his patient, A.M., which was alleged to be a sexual assault.
The court carefully analyzed whether the touching was of a sexual nature, considering the clinical context, the nature of the treatment, and the consent of the complainant.
The judge found that although the treatment involved a controlled act that osteopaths were not authorized to perform under the Regulated Health Professions Act, the treatment was conducted in a clinical and therapeutic manner, and Morelli honestly believed the patient consented.
The court acquitted Morelli of sexual assault and also found the Crown did not prove common assault beyond a reasonable doubt.
