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, who had been running a massage studio out of his Victoria home, on July 9, 2017, after a woman filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment.

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

Woman killed in head-on crash near Vanderhoof

RCMP say driver crossed the centre line and hit a loaded fuel tanker truck

African Children’s Choir making a difference in the world

Waroto Children’s Choir celebrate Christ and caring for community on six month world tour

Snowpack at normal levels, but El Niño is lurking

Despite a warmer than usual winter that has produced a dearth of… Continue reading

Letter: New party with a strong platform could form majority government in B.C.

Voters fed up with BC’s political parties open the door for a new party to enter BC politics

‘Tripod’ delays access to Unist’ot’en camp

Social media rumours of cultural significance quashed, meaning police “exclusion zones” should end.

B.C. opioid crisis to get same world-renowned treatment approach as HIV/AIDS

A program that focuses on treatment as prevention will roll out Jan. 17

Olympian snowboarder Max Parrot diagnosed with Hodgkin’s lymphoma

Each year in Canada, approximately 900 people are diagnosed with Hodgkin’s lymphoma

Man, 31, charged in Cache Creek fatal shooting

Corey Richard Harkness appeared on one count of murder in provincial court in Kamloops

‘Prince of Pot’ Marc Emery accused of sexual assault, harassment

Emery denied the allegations, but a Toronto woman says she is not the only one speaking out

Vancouver Island photographer makes National Geographic’s 2018 elite

Rare double honour for Marston from the 36 best Your Shots out of nearly 19,000 photos

Ex-Liberal candidate in Burnaby, B.C., says volunteer wrote controversial post

Karen Wang dropped out following online post singling out NDP Leader Jagmeet Singh’s ethnicity

Asteroids are smacking Earth twice as often as before

The team counted 29 craters that were no older than 290 million years

Canada’s arrest of Huawei exec an act of ‘backstabbing,’ Chinese ambassador says

China has called Canada’s arrest of Huawei chief financial officer Meng Wanzhou ‘politically motivated’

In limbo: Leftover embryos challenge clinics, couples

Some are outright abandoned by people who quit paying storage fees and other couples struggle with tough decisions

Most Read