A Montreal osteopath accused of sexually abusing a client was acquitted Tuesday. Judge Joëlle Roy questioned the plaintiff’s credibility for remaining topless during the treatment and keeping her eyes closed during the alleged acts.
Posted at 4:32 p.m.
“The court believes the defendant. » Sufyan Haji Bik collapsed to the ground as Judge Roy announced his acquittal at the Montreal courthouse on Tuesday afternoon. With tears in his eyes, the 60-year-old therapist appeared upset.
The judge fully accepted the testimony of the defendant, who swore that he had never attacked this woman. Sufyan Haji Bik had no memory of his client. However, he said he was afraid of COVID at the time and always wore two masks and gloves. According to Judge Roy, the complainant should have noticed that the man was wearing two masks.
The woman told the trial that she was attacked by Sufyan Haji Bik in spring 2021. A relative had recommended the services of this West Montreal osteopath for a herniated disc and shoulder pain.
According to the complainant, the defendant immediately paid her “inappropriate” compliments and told her she was “very beautiful and a good girl.” She also performed the treatments without a bra, which she said was embarrassing.
“The word “embarrassed” appears often in his statement. […] If she was embarrassed by her nudity, she could put her underwear back on. She was free of it. She was also free to take a towel with her,” emphasizes Judge Roy.
During the third treatment, the complainant stated that she felt an object on her breasts that had a “suction effect.” However, the woman did not see the object described as a bowling pin because she kept her eyes closed. According to the complainant, the defendant then quickly touched her vulva and pelvic area. She then allegedly told the man to stop by grabbing his wrist. Her heart was racing after the incident, she says.
“When she says she is able to grab the defendant’s wrists, he stops massaging her in the pelvic area and telling him she is there for his back. “She may also open her eyes during the ‘cone’ episode, which she does not,” concludes Judge Roy. The judge emphasized that the woman did not mention the “suction” to the police either.
According to Judge Roy, even if the acts described by the complainant were true, they would not constitute an act with a sexual connotation. “The gesture is not specific […] He wore gloves during the treatment. Using oil allowed the hand to slip and the action happens very quickly,” she lists.
The judge particularly accuses the complainant of incorrectly describing the building, namely the one next to the defendant’s. A serious mistake in the eyes of the judge. “There are no concerns as to the accuracy of his statement,” Judge Roy ruled.
At the beginning of her decision, the judge reminded people to “be aware of the facts.” […] the use of myths and stereotypes in matters of sexual assault” and assured that the facts described in his judgment “do not serve to attack the credibility of the complainant from this point of view”.
Me Kahina Rougeau Daoud represented the prosecutor while Me Audrey Amzallag defended the defendant.