Timothy van Eyle Wins Appeal Against Finding of Indecency Following Spa Mint Breast Massage | Canberra time

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A masseur convicted of indecency has been acquitted on appeal after a judge said the man’s massage of a client’s breasts was ‘susceptible to misinterpretation’ and it was possible he believed that the woman was consenting. “Based on the evidence, I must return a verdict of not guilty,” Judge Chrissa Loukas-Karlsson said in an ACT Supreme Court judgment released Friday. This overturned the April 2021 decision by Special Magistrate Jane Campbell, who found Timothy van Eyle guilty of committing an act of indecency without consent. At the initial hearing, the ACT Magistrates Court heard that Mr van Eyle had just started work at Spa Mint, Civic, when he gave a woman a full body massage in January 2019. The woman testified that Mr. van Eyle was massaging around her. chest and collarbone when he asked, “Do you want me to do the rest of your chest?” She said she answered in the affirmative because, while she wasn’t sure what it would entail, she didn’t believe it would involve her breasts being affected. The woman, however, claimed that Mr van Eyle proceeded to expose her breasts before ‘caressing them in a sexual way’ instead of focusing on the muscles as she had intended. “She explained that she felt confused and uncomfortable about the incident,” Ms Campbell said. Mr van Eyle testified that he did nothing “sexual” to the woman, saying he used standard relaxation techniques and did not touch her nipples. He also said he asked the client about “the whole [her] chest”, rather than “the rest”. MORE COURT AND CRIME NEWS: After hearing the appeal, Judge Loukas-Karlsson said the key question was whether Mr van Eyle had been reckless about to the woman’s lack of consent to him touching her breasts.” This is a case in which the conduct is susceptible to misinterpretation,” the judge said. “It is entirely reasonable, after considering all the evidence, that the [woman] and [Mr van Eyle] both honestly reported different perceptions of the treatment. In my view, that is a reasonable possibility in this case. “That is to say, it is reasonably possible that [Mr van Eyle] was giving truthful testimony when he testified that he believed that [woman] had indicated his consent to the massage he undertook. Mr van Eyle’s solicitor, Paul Edmonds, told the Canberra Times that the man was ‘relieved that justice has been served in his case and his name has been cleared’ Our reporters are working hard to provide news local and up-to-date to the community. Here’s how you can continue to access our trusted content:



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