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
Lawsuit against Meta asks if Facebook users have right to control their feeds using external tools
Do social media users have the right to control what they see — or don't see — on their feeds?
BREAKING 15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.
Amid climate change warnings, Canadians lukewarm on electric vehicles
Amid scientists' warnings that nations need to transition away from fossil fuels to limit climate change, Canadians are still lukewarm on electric vehicles, according to a study conducted by Nanos Research for CTV News.
Three dead, two hospitalized, following collision in Fredericton: police
Three people have died and two have been hospitalized after a speeding car struck a tree and landed on another vehicle in Fredericton Sunday morning.
Montreal man on the hook for thousands of dollars after a feature on his Tesla caused an accident
A Montreal man is warning Tesla drivers about using the Smart Summon feature after his vehicle hit another in a parking lot.
Madonna's biggest-ever concert transforms Rio's Copacabana beach into a massive dance floor
Madonna put on a free concert on Copacabana beach Saturday night, turning Rio de Janeiro's vast stretch of sand into an enormous dance floor teeming with a multitude of her fans.