Sarnia masseuse acquitted of sexual assault of client

Article content

This week, allegations surfaced that a London massage therapist sexually assaulted a client. Court records show that a former massage therapist from Sarnia was recently acquitted of the same charge.

Article content

Manuel Batista, 35, of Sarnia, was charged with sexual assault in connection with the massage of a male client on Aug. 9, 2022, Sarnia police said at the time. Batista and the plaintiff, whose identity is protected by a publication ban, both testified at a one-day trial on Jan. 12 in a Sarnia courtroom, where they gave conflicting versions of what happened.

When Judge Deborah Austin announced her decision on February 16, she said she preferred the plaintiff’s version of events, but the evidence presented at trial did not rule out that Batista’s statements could be true.

“I hereby declare an acquittal for the reasons I have attempted to explain here,” she said. “This concludes the matter.”

Article content

At trial, it was discovered that the plaintiff had booked a 90-minute massage at the Glass and Pillar Spa in Sarnia, but about 15 minutes before the massage was due to end, he abruptly stood up and complained to the manager. He later went to the police as well.

The man claimed that at some point Batista removed his underwear without his consent and touched his bare genitals approximately 10 to 30 minutes later.

“(He) was an impressive and credible witness,” Austin said of the plaintiff, but noted that there were inconsistencies and gaps in his memory.

Batista, a licensed massage therapist who studied at Lambton College, denied removing the man’s underwear or touching him. He testified he was providing a routine and professional massage until the man suddenly sat up and ended the session about 15 minutes early. Batista apologized but had no idea why the man was upset, he said.

Article content

Austin said she found Batista’s testimony to be clear, coherent and frank.

“Although I do not accept his account, given the circumstances of the incident, I cannot rule out that it may be true,” the judge said.

They were the only two people in the room, which is why credibility and reliability became a central theme of the event, she said.

The spa manager and the man’s mother, who encouraged him to go to the police, also testified.

Defense attorney Joseph Stoesser did not seriously question the credibility or sincerity of the plaintiff’s testimony, Austin said, but he did question the reliability and accuracy of it, as well as his memory of the event. Stoesser also suggested the man may have dreamed what happened or was confused, as both men recalled that he sometimes fell asleep or slept during the massage.

An important part of the man’s testimony, the judge said, was that he could not remember exactly how his underwear was removed.

Despite the acquittal, Batista is no longer a registered massage therapist. According to the College of Massage Therapists of Ontario website, he resigned on August 16, 2022, a week after the incident.

[email protected]

Article content