B.C. masseur appeals convictions for sexually assaulting female clients
A masseur's appeal of three convictions for sexually assaulting female clients has been partially successful – with one of the guilty verdicts being set aside by B.C.'s Court of Appeal.
The charges against Rong Xian Li date back to 2017 when he was working at the Iris Day Spa in Surrey. He was the subject of a public warning and appeal for information from the Mounties in 2018, and one of the three complainants came forward after seeing reports about this warning, according to court documents.
Li represented himself at a judge-alone trial in 2020, where he was ultimately found guilty on all three counts. The province's highest court ruled on his appeal last week.
"Each complainant testified that the appellant touched, massaged, or squeezed their breasts in the course of the massages. They did not consent to this touching," the appeal court ruling says, summarizing the allegations that gave rise to the charges.
"The trial judge found that the complainants were each credible and reliable in their evidence of the sexual touching, and in identifying the appellant as the perpetrator," the decision continues.
Identity was a key issue at the trial because Li's defense was that he had never met, or massaged any of the women and that all three were lying. In addition to each woman identifying Li as the perpetrator, the Crown submitted supporting evidence showing that the women had visited the spa on the dates of the assaults and that Li was working at those times.
"The trial judge found that the appellant’s bare denial of having provided massages to any of the complainants, combined with his insistence that every other witness was lying and trying to frame him, to be unbelievable and inconsistent with evidence adduced at trial," the appeal court's decision reads.
In two cases business records such as appointment logs, were entered into evidence showing that the victims had appointments scheduled with Li, according to the appeal court's ruling.
In a third, the judge relied on the woman's testimony that she had verified the date and time of her appointment by checking her bank records for proof of payment.
"While the records themselves may have been admissible as business records, the Crown did not tender the records in evidence," the decision says.
Absent the records themselves, the woman's testimony about their contents was "inadmissible hearsay evidence." Relying on that evidence to find Li guilty was, the appeal court ruled, a significant legal error.
The conviction on that count was overturned, and a new trial ordered. The court dismissed Li's appeals of the other two convictions, finding no legal grounds to set them aside.
Li was sentenced to six months less a day in jail for each count of sexual assault, to be served concurrently, according to an emailed statement from a spokesperson for the B.C. Prosecution Service.
The Crown has not yet decided if Li will face another trial.
A spokesperson for the College of Massage Therapists of British Columbia has confirmed Li is not and has never been a member.
CTVNews.ca Top Stories
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Demonstrators kicked out of Ontario legislature for disruption after failed keffiyeh vote
A group of demonstrators were kicked out of the legislature after a second NDP motion calling for unanimous consent to reverse a ban on the keffiyeh failed to pass.
BREAKING Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
Soft skills, preparation can help new graduates land jobs, experts say
As new graduates enter the workforce over the next few weeks, they are likely to face challenges getting their foot in the door and must be prepared to effectively communicate what they bring to the company.