A North Vancouver registered massage therapist has been found guilty of sexually assaulting one of his patients a number of times during treatments.
David Fierro, who practised at Steve Nash Fitness World, was found guilty in North Vancouver Provincial Court Thursday morning.
On three occasions starting in 2009, Fierro sexually assaulted a patient while treating her touching her inappropriately, Judge Doug Moss concluded in his decision.
Fierro told the victim, who cannot be named under a courtordered publication ban, that he was simply providing treatment for an anterior deviated coccyx (tailbone), which the victim consented to.
A massage therapist expert testified at the trial no accepted massage procedure today requires a therapist to take the actions he did.
"I am satisfied this was known to the accused," Moss said, noting that Fierro was highly regarded within the profession.
The court heard that Fierro also had inappropriate sexual conversations during the victim's treatment sessions and only
left her partially covered by a sheet.
"In my view, he abused the position of trust he was in with (the victim)," Moss said.
Fierro denied the allegations and any unprofessional conduct, claiming the victim fabricated the story, but Moss ruled the victim had more logical, consistent and credible testimony.
"I do not accept his simple denial that he was always careful and professional," Moss said.
Fierro's wife testified in her husband's defence, arguing that the victim made the story up out of jealousy, but offered no evidence other than "women's intuition."
The College of Massage Therapists of B.C. partially suspended Fierro's licence after the victim first issued her complaint.
"On January 16, 2011, the inquiry committee of the College of Massage Therapists of B.C. placed a practice restriction on Mr. Fierro, prohibiting him from providing massage therapy services to female patients, children or vulnerable adults, pending an investigation of a complaint made to the college by a former patient," said Joelle Berry, director of compliance for the college.
"The inquiry committee is in the process of considering this matter, including Mr. Fierro's recent conviction for sexual assault. The college will publish updates, pursuant to the Health Professions Act on their website."
Fierro showed no reaction as Moss read his decision.
Fierro is due back in court for sentencing Sept. 19.
