Police arrested and interviewed 66-year-old John Heintzelman, who had been running a massage studio out of his Victoria home, after a women filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment. (Pixabay photo)

B.C. massage therapist acquitted of sexual assault

Judge unable to decide whom to believe, was ‘obliged to acquit Heintzelman’

A Victoria massage therapist has been acquitted of two counts of sexual assault after the judge was unable to decide whom to believe, the alleged victims, or the alleged attacker.

Police arrested and interviewed 66-year-old John Heintzelman on July 9, 2017, after a woman filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment at his unlicensed Victoria home studio.

The Victoria Police Department published a post on Facebook on Oct. 20, 2017, with details about the case to seek additional victims.

RELATED: Rogue masseur arrested for sexual assault in Victoria

After seeing the police notice on Facebook on the day that it was posted, a second woman contacted the police with a complaint of sexual assault against Heintzelman that allegedly occurred in 2013.

“I suppressed it right away. I was worried that I would not be believed because of my mental health issues,” the woman said in a statement to police on Nov. 2, 2017, answering the question to why she hadn’t reported the incident sooner.

Heintzelman denied that he touched either complainant in a sexual way.

In court, each of the witnesses “presented as eminently credible,” with Crown counsel submitting that, by reason of the similarity of their accounts, the evidence of each complainant is corroborative of the other.

However, provincial court Judge Ted Gouge ruled that the Facebook post the Victoria police had published to seek additional witnesses, tainted the ability to test the veracity of the second complaint that came forward. The post had included Heintzelman’s name and the address where the assault took place, things the police could have used in questioning to corroborate the accounts.

ALSO READ: More people come forward in Victoria sexual assault investigation

The judge also warned police that the publication of a notice containing the name of the suspect could prejudice the right of the accused to a fair trial, particularly where the accused elects trial by jury and may also unfairly damage the reputation and livelihood of the suspect if the allegation is unfounded.

After a careful consideration of all of the evidence, Judge Gouge ruled on Dec. 20 that he found himself in a position where he was unable to decide whom to believe, so was “obliged to acquit Mr. Heintzelman.”


 

keri.coles@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

Houston woman gets two years for aggravated assault

Ewald pleads guilty; trial of co-accused Calvin Dyrland begins in Smithers court

Truck rally in Houston

Vehicles and suopports wound thier way through Houston Saturday as a sign… Continue reading

Northwest mobile unit to help those at heart of mental health, addiction crisis

Province, Northern Health unveils new unit in Terrace to bridge gaps in services

Dust advisory from Smithers to Burns Lake

Smithers, Houston and Burns Lake dusty enough to warrant an air quality advisory.

Aussies buy majority stake in Red Chris mine

Company looks forward to relationship with Tahltan Nation

VIDEO: The ‘most cosmopolitan’ of butterflies could migrate to B.C.

The painted lady butterfly will likely arrive this summer from Southern California

Is it a homicide? B.C. woman dies in hospital, seven months after being shot

Stepfather think Chilliwack case should now be a homicide, but IHIT has not confirmed anything

Indecent caller handed 18-month conditional sentence

Vancouver Island man pleaded guilty to making indecent phone and video calls to women across B.C.

Sources say Trudeau rejected Wilson-Raybould’s conservative pick for high court

Wilson-Raybould said Monday “there was no conflict between the PM and myself”

First Nations public art piece stolen in Nanaimo

Spindle Whorl went missing over the weekend, according to Nanaimo RCMP

Father-son duo at B.C. Children’s Hospital helps new dads fight depression

The pair teamed up to introduce the only known research-based mindfulness workshop for new dads

Mexican restaurant in B.C. told to take down Mexican flag

General manager of Primo’s Mexican Grill in White Rock: ‘I’ve never heard of anything like this’

B.C. NDP moves to provide tax credits, tax cut for LNG Canada

Provincial sales tax break of $596 million repayable after construction

COLUMN: Smart phone too powerful a tool to yank from students’ hands

Rather than ban them from schools, let’s teach kids to harness their phone’s power and use it properly

Most Read