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.
