A violin teacher was acquitted at trial of 44 counts of sexual offences, including sexual assault, indecent assault, sexual interference, and sexual exploitation, arising from his conduct of requiring young female students to remove their bras and measuring their breasts under the guise of fitting shoulder rests for violins.
The trial judge found the touching was not for a sexual purpose and acquitted on all counts.
The Crown appealed, arguing the trial judge erred in law by conflating the requirement of sexual purpose (applicable only to sexual interference and sexual exploitation) with the requirement that conduct occur in circumstances of a sexual nature (applicable to sexual assault and indecent assault).
The appellate court allowed the appeal in part, setting aside the acquittals on sexual assault and indecent assault charges and entering convictions, while upholding the acquittals on sexual interference and sexual exploitation charges.
