Surrey, B.C., massage therapist acquitted of sexual assault

A Surrey, B.C., registered massage therapist has been acquitted of sexual assault.

Gudbjartur (Bodhi) Haraldsson was charged with one count of sexual assault in November 2022, after Surrey RCMP received a report that a woman was allegedly sexually assaulted during an appointment.

A provincial court judge acquitted Haraldsson and went a step further by calling him innocent during a court hearing earlier this month.

"He's lost a lot over the last few years but he's definitely hugely relieved to have this off his back," Haraldsson's lawyer Kevin Westell said in an interview with CBC News.

Haraldsson continued to work at the Pain Pro clinic at North Surrey City Centre, which he co-owns, during the legal proceedings but with restrictions, his lawyer said.Haraldsson is now in the process of trying to clear his professional record with the College of Complementary Health Professionals of B.C.

'Many internal and external inconsistencies'

Crown prosecutor Emma Waterman invited the court to enter an acquittal in Haraldsson's case, saying that after closely reviewing her notes, she's "unable to say in good faith that the Crown has proven its case beyond a reasonable doubt." Surrey provincial court provided CBC News with audio recordings of the court hearings.

Court heard that Haraldsson allegedly engaged in non-therapeutic touching of a female client.

Judge Delaram Jahani said she found "many internal and external inconsistencies" with the evidence that Haraldsson's accuser presented.

"I have to say for the record that I do find him innocent of this crime," Jahani said.

Westell said the use of the word "innocent" is "extremely" significant.

"It's not something you see that often. I think that meant quite a lot to my client and his family to have been vindicated in that way," he said.

"It's difficult to describe how much a criminal charge weighs on somebody in any situation, whether they've done the thing they're accused of or not."

Restrictions still in place

The College of Complementary Health Professionals of B.C., which regulates registered massage therapists in the province, says restrictions imposed on Haraldsson when allegations surfaced are still in place.

Haraldsson can't treat female patients and a notice about his discipline must be posted in any waiting room and treatment room where he provides massage therapy.

The conditions will remain in place pending an investigation and hearing, according to the college.

Westell said the college will be reviewing a transcript of the judge's decision as part of its overall evaluation.

"We look forward to taking whatever steps we need to go to a hearing," Westell said.