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The accused personal service worker was acquitted of sexual assault after the court found the complainant consented to being cleaned.
The Ontario Court of Justice acquitted Islam Elmajbri of two counts of sexual assault involving a patient, MC, in the emergency department of Toronto Western Hospital.
The court found significant credibility and reliability issues with the complainant, particularly due to his alcohol dependency and inconsistent testimony.
The judge accepted Elmajbri’s evidence that the touching was incidental and part of routine cleaning services provided by personal service workers (PSWs) in the ED, and that MC consented to being cleaned.
The court also ruled that the two incidents could be treated as a single transaction and admitted evidence of the second incident as similar fact evidence.
Ultimately, the Crown failed to prove beyond a reasonable doubt that Elmajbri’s conduct was sexual in nature or that consent was vitiated by his position.
