The accused, a registered massage therapist, was charged with sexual assault after allegedly touching a client's vaginal area during a treatment session.
The Crown argued the touching was sexual and non-consensual, while the accused claimed he was performing a legitimate therapeutic adjustment of the pubic symphysis.
The court found reasonable doubt regarding whether the touching was sexual in nature, leading to an acquittal on the sexual assault charge.
However, the court found that the accused failed to obtain informed consent to touch the complainant's pubic bone area, resulting in a conviction for common assault.