Murray Kievit.

Image Credit: FACEBOOK: Rae Kievit

Vernon chiropractor Dr. Murray Kievit has been found guilty of sexually assaulting a client while treating her during an appointment in 2021.

Today at the Vernon courthouse, the victim broke down in tears as Provincial Court Judge David Ruse read out the verdict.

"The actions of Mr. Kievit compromised the sexual integrity of the complainant by allowing the touching to be of a sexual nature," the Judge said, describing the chiropractor's actions as "not clinically justifiable."

Kievit had argued his "pubic synthesis adjustment" was part of her treatment.

The chiropractor sat next to his wife in court, along with a small handful of supporters. He refused to comment when asked outside the court about the verdict.

The incident dates back to December 2021, when the victim, whose name is covered under a publication ban, went to see Kievit at the White House Wellness Centre in Vernon.

The victim had several appointments before Kievit sexually assaulted her.

During her fourth appointment, Kievit massaged her right upper chest under her yoga sports bra.

Two days later, she returned for another appointment.

During the treatment Kievit pulled her yoga pants slightly down and cupped his hand over her vagina.  

"His fingers were towards (her) head... and the heel of his hand was on (her) clitoris," the Judge said. "She testified Mr. Kievit made two or three rubbing motions with his hand... (he) pushed her knee to her chest. He rubbed his hand over her vagina again."

Days after the appointment, the victim went to the RCMP and Kievit was charged with two counts of sexual assault in November 2022.

Kievit pleaded not guilty, and the case went to trial.

Judge Ruse went through a lengthy description of Kievit's actions and whether they could be medically justified.

Much of the evidence presented discussed whether Kievit's actions were part of her medical treatment or not.

Judge Ruse described some of Kievit's testimony as "defensive and argumentative," pointing out that the chiropractor had on at least six occasions failed to answer a direct question about where he had touched the victim.

His precise memory of the procedures was also flagged by the judge.

"Mr. Kievit's interaction with the complainant would have been a relatively straightforward encounter. One of approximately 20 that day or 100 that week. Yet three years later, Mr. Kievit purports to recall the complainant's right leg was short by five millimetres. The right side of the pubic bone was five millimetres higher than the left, recalls lowering the complainant's underwear one centimetre, and specifically recalls using his thumbs to do so," the Judge said. "I find it difficult to accept Mr. Kievit has a current or actual memory of these precise details from the treatment."

Kievit had argued that he learned the procedure while training in the 1990s, although in BC Chiropractors are prohibited from doing internal and external vaginal examinations.

The judge went through a detailed step-by-step account of Kievit's actions using multiple medical terms to explain what had taken place.

The judge also put considerable weight on testimony from an independent chiropractor.

Ultimately, the Judge found Kievit not guilty on the first charge of touching the patient's breast, saying that the treatment of the pectoral muscle was a legitimate chiropractic procedure.

However, the judge found him guilty on the second charge of touching her vagina.

"The pubic synthesis adjustment performed by Mr. Kievit was not for a legitimate medical purpose and was not subject to the complainant's prior consent to treatment," the Judge said. "I also accept the complainant's claim that she did not consent to Mr. Kievit touching her anywhere around her vaginal area and did not consent to the pubic synthesis adjustment."

Kievit has a history of sexual allegations against him and has been disciplined by the regulator multiple times.

In 2000, he was acquitted, having been charged with six counts of sexual assault for multiple victims.

Following the acquittal, the regulator took action and fined him $4,000 and ordered him to pay $15,000 costs.

In 2009, he admitted he'd put his hands in the front of a woman's pants without her consent and was suspended for three months.

In July 2023, the regulator permanently cancelled his licence and ordered him to pay $1,000.

Kievit will be sentenced at a later date.

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