Current Events > Judge finds it plausible massage therapist had consent to massage breasts

(+) Yeah! (+)

https://www.abc.net.au/news/2022-01-18/timothy-van-eyle-wins-appeal-against-indecency-conviction/100763360

A Canberra massage therapist has had his indecency conviction overturned, after an appeal judge ruled there was insufficient evidence to determine whether he "recklessly" performed a breast massage on a woman without consent.

The ACT Magistrates Court originally heard that Timothy Van Eyle had been performing a massage on a woman in January 2019, when he asked if she wanted her chest massaged.
The court heard Mr Van Eyle believed he had said "whole chest" as part of his question.
But the woman told the court she did not believe he meant her breasts when she responded, "sure".
She said she was not expecting what followed and was left in shock.
"I did not expect it to include breasts and nipples," she said.
"He was definitely lingering in the area.

The woman said she did not see what Mr Van Eyle was doing, but she could feel it.
"It did make me feel ... quite uncomfortable and it did feel very sexual," she said.
Mr Van Eyle denied any sexual intent, saying he thought the woman wanted her breasts massaged because he believed she had pulled down the sheet exposing herself.
But the woman said she had not deliberately pulled the drape down.
Mr Van Eyle was found guilty of indecency in April 2021 by Magistrate Jane Campbell, who said the absence of training about breast massages in Mr Van Eyle's studies at the Canberra Institute of Technology suggested that massage in that area was not done.
The court heard that Mr Van Eyle had only been a massage therapist for three weeks at the time of the incident.
Magistrate Campbell also dismissed Mr Van Eyle's claim that the woman had exposed her breasts by moving the sheet down, saying that was implausible.
"He knew massaging breasts would not be part of a full-body massage," she told the court.

But in reviewing Mr Van Eyle's appeal of the conviction, Justice Chrissa Loukas-Karlsson found there was sufficient evidence to suggest both parties had misinterpreted each other's intentions.
She said it was plausible Mr Van Eyle believed the woman wanted her breasts massaged as part of the treatment.
Justice Loukas-Karlsson said she was "satisfied beyond a reasonable doubt" that an act had occurred, involving the breasts, that the act was indecent and that there was no consent.
"Therefore, the issue in this case is whether the fourth element of recklessness is established, that is, whether [Mr Van Eyle] was reckless as to whether the [woman] was consenting," she said.
Justice Loukas-Karlsson said it was a "reasonable possibility" that Mr Van Eyle was "giving truthful evidence when he testified that he believed the [woman] had indicated consent to the massage he undertook".

After all of this it was the message therapist who ended up with the happy ending.

I'm sorry.

Punished_Blinx posted...

https://www.abc.net.au/news/2022-01-18/timothy-van-eyle-wins-appeal-against-indecency-conviction/100763360

After all of this it was the message therapist who ended up with the happy ending.

I'm sorry.

Lol

is it though ? What did the original judgment do to the massage therapist ? Did he lose his job and income before the appeal judgment ?

AlCalavicci posted...

Lol

is it though ? What did the original judgment do to the massage therapist ? Did he lose his job and income before the appeal judgment ?

I dunno. The article mentions he was due to be sentenced June last year but I'm guessing COVID delayed it and he wasn't? Nothing seems to mention a sentencing.

He only had that massage job for three weeks so this probably all happened due to inexperience and poor training.

Only your spouse should be massaging you to be honest.

what was your original username?

Im curious how long it went on for, and if the client ever told him to stop at any point. Just from reading the article, it gives the impression that he thought he heard her say yes, he started doing it, and she sat there with a feeling of I cant believe hes doing this while staying silent about it during the entire time.

Regardless of the he said, she said aspect of it, it really seems like that type of consent should be in writing in the first place.

Guide posted...

what was your original username?

Darmik

This some Seinfeld story.

[LFAQs-redacted-quote]



wait, what?

In Australia, appellate courts can just override trial courts on issues of fact? Interesting.

Does chest not mean the breasts when referring to women. Did billy madison teach me wrong all those years ago

[LFAQs-redacted-quote]


Oh Christ, yeah Ive heard about that. I thought it was going to have something to do with holy breast massages or something.

lilORANG posted...

In Australia, appellate courts can just override trial courts on issues of fact? Interesting.

Strange, huh?