Image Credit: ADOBE STOCK

A judge acquitted a former North Okanagan massage therapist on Thursday after he was accused of groping a patient.

Dennis Desrocher, 74, who practiced out of an Enderby clinic for 16 years, was alleged to have sexually assaulted a patient multiple times in 2020. The criminal charge was dismissed when the judge found it likely the female patient misinterpreted the events.

"While she interpreted it as sexually assaultive behaviour, within the context and circumstances in which it occurred it is quite plausible that it was not," BC Supreme Court Justice Brad Smith said on July 4.

In a Salmon Arm courtroom, the former massage therapist was acquitted of the criminal charge, but it was misconduct with other female patients that resulted in a five-year ban on his licence.

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The BC College of Massage Therapists cancelled his licence in 2022 after investigating complaints from seven patients between 2011 and 2018. Desrocher was criminally charged in 2023.

It appears the criminal investigation was entirely separate from the regulator's as he saw the woman several times from September 2020 to the following January.

She needed treatment to her neck, arm and hand due to a workplace injury, with the massages funded by WorkSafeBC, according to Smith's decision.

In the first treatment, she alleged Desrocher grazed her breast and accused him of doing so for a sexual purpose.

During the appointment, she wondered to herself whether it was intentional but initially concluded, "OK, it's in my head," Smith said.

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Due to the pain, she was laying on her back and covered with a sheet. She testified the sheet started to fall during the massage, but she was able to hold it in place.

In another treatment, she said Desrocher massaged her legs when he encroached up her inner thigh and her underwear. Then at another appointment she said Desrocher "fondled" her breasts, according to Smith.

Desrocher testified he didn't touch her breasts or underwear, and he said none of the touching was for a sexual purpose. He did, however, concede he may have inadvertently touched her breast during a treatment, Smith said.

In the end, Smith found both the woman and Desrocher to be credible, but he said there was room to doubt whether the touching was intentional and if Desrocher did touch her breasts or inner thighs.

"I believe she believes they were sexually assaultive in nature," Smith said, before dismissing the case.

Should Desrocher choose to return to his practice, he will have to wait until 2027 before he can attempt to re-register with the regulator.

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