B.C.’s court of appeal is in Vancouver. (File photo: Tom Zytaruk)

B.C.’s court of appeal is in Vancouver. (File photo: Tom Zytaruk)

New trial ordered for woman accused of sexually assaulting teen in Surrey

Ruth Marisol Sanhueza, who had been found guilty of sexual assault and sexual interference, has won her appeal in court

A new trial has been ordered for a woman accused of sexually assaulting a 15-year-old boy in the back seat of her car in Surrey.

After Ruth Marisol Sanhueza was found guilty of sexual assault and sexual interference in Surrey provincial court she successfully appealed her convictions before the Court of Appeal for British Columbia.

“The appellant challenges the convictions on two grounds. First, she says the trial judge erred in her approach to an out-of-court denial made by the appellant when confronted with the allegations. Second, the appellant contends that the judge did not adequately explain why she rejected the denial,” Justice Joyce DeWitt-Van Oosten said in her Oct. 13 reasons for judgment.

DeWitt-Van Oosten found the trial judge did not properly assess the accused’s out-of-court denial and ordered a new trial, with Justices Mary Saunders and Elizabeth Bennett concurring.

READ ALSO: Haevischer, Johnston appeal convictions in Surrey Six slayings

READ ALSO: Surrey drug dealer loses appeal in sassafras odour case

READ ALSO: Man convicted by Surrey judge in hatchet attack near SkyTrain station loses appeal bid

There is a publication ban on information that could identify the complainant. The teen testified that during an errand run in 2016 Sanhueza drove him to a forested area near Guildford Town Centre shopping mall, parked her car and the two began talking.

“The appellant asked the complainant to look for something in the back seat. When he could not find it, she joined him there, and the conversation continued,” DeWitt-Van Oosten said in her reasons.

The boy testified that after Sanhueza’s alleged sexual advances, during which, he claimed, she touched his crotch twice over his pants, he was “uncomfortable” and got of the car. He told the court he got back into the car after the accused apologized, and then they left to continue with the errands.

The teen testified that Sanhueza told him not to say anything about the incident. About two weeks later, he told his parents. The court heard the accused claimed it was the boy who sexually harassed her and that she did not want to tell his mom about his alleged behavior because she knew the complainant’s mother “punishes” her children.

Sanhueza did not testify at her trial.

During final submissions, the Crown argued the teen had no motive to lie and was a reliable and, in fact, a reluctant witness.

“The Crown also took the position that the appellant’s statements about the complainant having sexually harassed her were not true,” DeWitt-Van Oosten said.

The defence, on the other hand, argued that the testimony of the complainant and his mother lacked credibility.

Defence counsel argued that the complainant’s version of events was false and that he did have a motive to lie, namely, to make up a story to avoid being punished by his mother for “sexually harassing” the appellant.



tom.zytaruk@surreynowleader.com

Like us on Facebook and follow Tom on Twitter

CourtSurrey

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

test tube with the blood test is on the table next to the documents. Positive test for coronavirus covid-19. The concept of fighting a dangerous Chinese disease.
Interior Health records third COVID-19 death

A new community outbreak was reported at Okanagan Men’s Centre in Lake Country

One person was killed in a two-vehicle crash south of Williams Lake on Highway 97 Wednesday, Oct. 28, 2020. (Photo submitted)
Highway 97 crash south of Williams Lake claims one life

Road conditions at the time were slippery and covered with slush: RCMP

(Jill Hayward photo)
NT Fall Fair 50/50 raffle winner claims $10,000

The North Thompson Fall Fair and Rodeo Association’s 50/50 raffle was drawn… Continue reading

District of Barriere Utilities Manager reports to council on Barriere wells

District of Barriere Utilities Manager Ian Crosson presented a verbal report during… Continue reading

North Thompson Fish and Game Club Society director Don Piper is shown holding the Bob Hobbs Memorial Trophy with the winners of the 2020 Bob Hobbs Memorial held the weekend of Oct. 18, at the Gorman FSR Range just outside of Barriere, B.C. Pictured (l-r) Don Piper (Barriere), Brent Webster (Barrhead, AB), Mark Anderson (Kamloops), Tristan Dalin (Kamloops), and Jim Benge (logan Lake). (NTFG Facebook photo)
Physical distancing signs are a common sight in B.C. stores and businesses. THE CANADIAN PRESS
272 more COVID-19 cases for B.C., outbreak at oil sands project

Three new health care outbreaks, three declared over

This house at 414 Royal Ave. became notorious for its residents’ and visitors’ penchant for attracting police. It was also the site of a gruesome torture in August 2018. It was demolished in 2019. KTW
6-year sentence for Kamloops man who helped carve ‘rat’ into flesh of fellow gang member

Ricky Dennis was one of three men involved in the August 2018 attack

Cpl. Nathan Berze, media officer for the Mission RCMP, giving an update on the investigation at 11:30 a.m., Oct. 30. Patrick Penner photo.
VIDEO: Prisoner convicted of first-degree murder still at large from Mission Institution

When 10 p.m. count was conducted, staff discovered Roderick Muchikekwanape had disappeared

Among the pumpkin carvings created this year by Rick Chong of Abbotsford is this tribute to fallen officer Cont. Allan Young.
Abbotsford pumpkin carver’s creations include fallen police officer

Rick Chong carves and displays 30 pumpkins every year

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

An online fundraising campaign in support of the six-year-old boy, Edgar Colby, who was hit by a car on Range Road Oct. 25 has raised more than $62,000 in a day. (Submitted)
$62K raised in 1 day for boy in coma at BC Children’s after being hit by vehicle in Yukon

The boy’s aunt says the family is “very grateful” for the support they’ve received from the community

Health care employees take extensive precautions when working with people infected or suspected of having COVID-19. THE CANADIAN PRESS/Chris Young
WorkSafeBC disallows majority of COVID-19 job injury claims

Health care, social services employees filing the most claims

Conservative leader Erin O’Toole rises during Question Period in the House of Commons in Ottawa on Wednesday October 28, 2020. (Adrian Wyld/The Canadian Press)
Conversion therapy ban gets approval in principle, exposes Conservative divisions

Erin O’Toole himself voted in favour of the bill, as did most Conservative MPs

Most Read