Defence says massage therapist was just careless, not criminal, in his treatment of clients - Calgary Herald

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Spaner said the fact the clients weren’t initially certain they’d been sexually violated, including one who told the court he still wasn’t sure, didn’t mean Baltazar’s conduct wasn’t criminal.

And she said unlike some medical procedures, which require practitioners to touch people’s private areas, Baltazar had no justifiable reason to come into contact with the complainants’ genitals.

Ruttan argued deWit had to consider three different issues in determining whether the prosecution had proved its case.

But she said the first two — whether the contact was intentional and whether it was for a sexual purpose — should be resolved in Baltazar’s favour.

Ruttan said that while the complainants may believe they were inappropriately touched, that isn’t enough to ground convictions.

“The evidence is still insufficient to prove, beyond a reasonable doubt … intentional touching (and) a touching of a sexual nature,” the lawyer said.

If deWit were to find otherwise, Ruttan said the judge would also have to consider the issue of consent on the part of the 16 men alleging they were sexually abused during treatment.

Baltazar, 45, faces 16 charges of sexual assault in connection with allegations he took advantage of male clients at two separate sports therapy clinics in 2017 and 2018.

He had testified he didn’t knowingly make inappropriate contact with any of the complainants, but said his massages are often quite vigorous and it’s possible some inadvertent contact occurred.

DeWit will hand down a verdict in February.

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