Image Credit: ADOBE STOCK
September 08, 2022 - 6:00 PM
CONTENT ADVISORY
A former Vernon massage therapist has been convicted of sexually assaulting a patient.
Daniel Edward Guy Dakin wiped tears from his eyes as he told the Vernon courtroom today, Sept. 8, that he hated himself for what he had done.
"It tortures me every day," he told the court.
The court heard how the 53-year-old had gone back to school to study massage therapy in 2018.
He'd met the victim in the case – whose name is covered under a court-ordered publication ban – while he was studying massage in 2018.
The victim had come to see him for massages regularly at the college and as he was a student they were free. Once he graduated he agreed to continue massages for the victim at no charge. He wanted the experience and the two had become friends.
During a massage in February 2020, Dakin failed to put the sheet back over the woman when it accidentally fell off and exposed her vagina. Later during the massage, he reached under the sheet and stroked the woman's breast.
"He did this for a sexual purpose," Crown prosecutor Jane Park told the court.
Dakin immediately apologized to the woman.
A year later he stopped practicing and resigned his registration as a licenced massage therapist.
The victim confronted Dakin about the assault and he again apologized.
She later went to the police and Dakin was arrested in June 2021.
The court heard how the victim was disabled and needed regular massages to function but could no longer face them.
Park read out a statement to the court from the victim.
"Daniel took my trust and hurt me in many ways," the statement read. "I pull away from people I love... what Daniel did has damaged me and taken so much from me."
The court heard how the victim was now on anti-depressants and had heart issues.
Crown prosecutors argued for six months of house arrest with a curfew from 9 p.m. to 9 a.m.
Defence lawyer Cait Fleck argued Dakin should receive a conditional discharge, meaning he would not have a criminal record providing he did not breach 18 months of probation.
Fleck said Dakin had become friends with the victim and the boundaries had started to blur and described it as a momentary lapse of judgment.
The defence lawyer said the 53-year-old had been married for 32 years and the couple had a 25-year-old son.
While the couple separated, his wife had forgiven him and the two reconciled. His wife sat in the courtroom often shaking throughout the hearing.
The court heard how Dakin had largely worked low-paid jobs all his life and had an unstable upbringing.
In arguing for a conditional discharge the defence said Dakin wasn't a threat to re-offend and had immediately taken responsibility for his actions. He pleaded guilty.
He'd also entered counselling and completed 33 sessions on his own accord.
"He apologized profusely afterwards," the defence lawyer said. "He feels terrible and would do anything to make it right."
The court heard how Dakin had received heart surgery recently, a condition brought on by stress.
Through tears, Dakin read a statement to the court.
"I can't undo what I did... I am disgusted with myself for hurting a friend whom I treated so many times before, the moment I trespassed on a person, the moment I did I felt sick with guilt," he said. "I withdrew my hand and apologized and I continue to feel deeply ashamed of it."
The court heard how Dakin wanted to move in with his wife but she lived in subsidized housing and they may not let him if he had a criminal record.
Provincial court Judge Richard Hewson said he needed more time to decide on a fit sentence and adjourned the case until a later date.
READ MORE: Penticton massage therapist committed multiple acts of sexual misconduct
To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.
We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above.
News from © iNFOnews, 2022