Police arrested and interviewed 66-year-old John Heintzelman, who had been running a massage studio out of his Victoria home, after a women filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment. (Pixabay photo)

Victoria massage provider acquitted of sexual assault

Judge unable to decide whom to believe, was ‘obliged to acquit Heintzelman’

A Victoria massage provider has been acquitted of two counts of sexual assault after the judge was unable to decide whom to believe, the alleged victims, or the alleged attacker.

Police arrested and interviewed 66-year-old John Heintzelman on July 9, 2017, after a woman filed a police report claiming she had been sexually assaulted by Heintzelman during a massage appointment at his unlicensed Victoria home studio.

The Victoria Police Department published a post on Facebook on Oct. 20, 2017, with details about the case to seek additional victims.

RELATED: Rogue masseur arrested for sexual assault in Victoria

After seeing the police notice on Facebook on the day that it was posted, a second woman contacted the police with a complaint of sexual assault against Heintzelman that allegedly occurred in 2013.

“I suppressed it right away. I was worried that I would not be believed because of my mental health issues,” the woman said in a statement to police on Nov. 2, 2017, answering the question to why she hadn’t reported the incident sooner.

Heintzelman denied that he touched either complainant in a sexual way.

In court, each of the witnesses “presented as eminently credible,” with Crown counsel submitting that, by reason of the similarity of their accounts, the evidence of each complainant is corroborative of the other.

However, provincial court Judge Ted Gouge ruled that the Facebook post the Victoria police had published to seek additional witnesses, tainted the ability to test the veracity of the second complaint that came forward. The post had included Heintzelman’s name and the address where the assault took place, things the police could have used in questioning to corroborate the accounts.

ALSO READ: More people come forward in Victoria sexual assault investigation

The judge also warned police that the publication of a notice containing the name of the suspect could prejudice the right of the accused to a fair trial, particularly where the accused elects trial by jury and may also unfairly damage the reputation and livelihood of the suspect if the allegation is unfounded.

After a careful consideration of all of the evidence, Judge Gouge ruled on Dec. 20 that he found himself in a position where he was unable to decide whom to believe, so was “obliged to acquit Mr. Heintzelman.”


 

keri.coles@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

Sooke’s Park Watch to cease operation

People not carrying money for donation boxes led to funding shortfalls

Indigenous artist challenges people to re-assess environments with new project

The ‘Indigenous Illuminations’ transforms the ordinary into something new

Downtown Victoria tea shop switches to plastic tea bags

Murchie’s Tea and Coffee says the transition is temporary

Dog memorial at Esquimalt Lagoon encourages living in the moment

Owner of Jazz the black lab sets up tennis ball memorial one year after dog’s death

Western Speedway racing legend ‘The Flying Plumber’ turns 98

Dave Cooper recalls car crashes, his first win, and more

ELECTION 2019: Have Justin Trudeau’s Liberals really cut middle-class taxes?

Conservative Andrew Scheer vows to cut bottom bracket, NDP’s Jagmeet Singh targets wealth tax

Fewer people prescribed opioids in B.C., but other provinces lack data: doctors

Patients who began taking opioids were prescribed smaller doses for shorter duration

Electric cello, stolen from vehicle in Williams Lake, returned to U.S. owner

Rita Rice of Texas said she and her husband had given up hope of ever seeing it again

Vancouver Island’s West Coast going wild about cycling

Ongoing project will tie Tofino and Ucluelet together with a paved cycling trail

Drop, cover and hold on: Thousands of British Columbians to take part in earthquake drill

This year’s drill comes as scientists announce discovery of ‘stormquakes,’ an earthquake and hurricane

Woman, 24, faces life-altering injuries after being dragged 4 blocks by vehicle in Vancouver

A gofundme account says the woman will have to undergo multiple complex surgeries

Frustration and pride in Canada after a year of legal pot

It’s one year into Canada’s experiment in legal marijuana, and hundreds of legal pot shops have opened

West Kelowna business facing charges after six bears killed over littering

A West Kelowna business has been charged for leaving garbage around Lake Okanagan Resort

Fatal overdoses down by 33% in B.C., but carfentanil deaths continue to spike

Carfentanil, an illicit drug more powerful than fentanyl, causing more deaths than ever

Most Read