Image Credit: ADOBE STOCK

When the first of seven victims went to the police to report that a BC spa owner had sexually assaulted them during a vaginal rejuvenation procedure, little was done.

It wasn't until two years later, when a second victim came forward to police with a similar report that Burnaby police put out a media release naming Farshad Khojsteh Kashani and his clinic.

Five more victims then came forward.

In April, a jury found Khojsteh Kashan guilty of seven counts of sexual assault and on Sept. 16, BC Supreme Court Justice Lisa Warren sentenced the medical aesthetics business owner to 11 years in jail.

Details of the sentence hearing are laid out in a Sept. 16 BC Supreme Court decision, which describes how Khojsteh Kashan sexually assaulted each victim while they were at his clinic.

Most of the victims had gone to Khojsteh Kashani's aesthetics clinic for other procedures and when they were there, he'd told them about a vaginal rejuvenation procedure, which helps with treating incontinence and other issues.

The procedure involves placing an ultrasound wand inside the vaginal canal, and Khojsteh Kashani sexualized the procedure, touching each of the victims and sexually assaulting them.

The first victim testified that during the treatment, Khojsteh Kashani put two fingers into her vagina and started thrusting them in and out.

She told him to stop, but he carried on.

"She was afraid because she was alone with Mr. Khojsteh Kashani and feared the situation might escalate," Justice Warren said.

She drove home in "shock and disbelief." She went to hospital to be examined and then to the Burnaby police detachment.

"Unfortunately, the police made little if any progress on the investigation until another complainant... made a similar report to the police about two years later," the Justice said.

In total, seven victims testified with similar stories on how Khojsteh Kashani had sexualized the procedure and touched them.

Khojsteh Kashani pleaded not guilty and denied ever touching the victims in a sexual manner.

At trial, a gynecologist testified about the therapeutic benefits of the treatment and explained how the machine was supposed to be used. It was a far cry from how Khojsteh Kashani had used it.

The Justice said all the victims had been left with ongoing emotional and psychological suffering and had been left deeply traumatized.

"Their lack of knowledge about the procedure left them vulnerable and confused about what was happening, and Mr. Khojsteh Kashani exploited that vulnerability," Justice Warren said.

"(They) spoke about feeling, at the time, that what Mr. Khojsteh Kashani was doing was wrong but trusting him to perform the procedure properly and then leaving his clinic doubting themselves and feeling embarrassed, and ashamed,' the Justice said.

The first victim described the assault as "humiliating, degrading and terrifying."

"She characterized the lack of knowledge as to the progress of the police investigation, and the delay in the investigation, as causing 'emotional whiplash' and feeling like she was 'screaming into a void.' She described continuing to feel 'eroded' and drained by the effort of trying to appear strong," the Justice said.

Another victim described the ongoing emotional pain and suffering and that the time participating in the legal system was "time stolen from her life."

One victim said she'd withdrawn emotionally and physically from her husband, and it had damaged her marriage.

"She described struggling in silence with what happened to her, which has impacted negatively on her friendships," Justice Warren said.

Another victim said the sexual assault had profoundly impacted her but she didn't want to share the details because she didn't want to give Khojsteh Kashani "any satisfaction from her pain."

The decision said Khojsteh Kashani was born in Iran and moved to Canada in 2011. The 52-year-old was a doctor in Iran but failed the English test to practice in Canada, so he and his wife of 25 years set up a medical aesthetics clinic.

His wife had stood by him, and he presented 24 reference letters to the court.

"The letters from his clients describe Mr. Khojsteh Kashani in glowing terms, as a consummate professional," the Justice said.

His lawyer argued he should spend two years under house arrest, and in part of his justification, pointed to Vernon physiotherapist Stephen Witvoet, who in 2020 was sentenced to house arrest for sexually assaulting nine patients. A prominent BC law professor later described Witvoet's sentence as "failing to grasp" the seriousness of sexual assault.

Justice Warren said there was little similarity in the cases, as Witvoet's case involved a plea deal and a joint submission, so the victims didn't have to testify at trial.

Ultimately, Justice Warren sentenced Khojsteh Kashani to 11 years. He'll also be put on the sex offenders registry for 20 years.

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