Airdrie massage therapist found guilty of sexual assault - CBC.ca

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A massage therapist working in Airdrie, Alta., has been found guilty of sexual assault after rubbing a young woman's breasts and buttocks without consent.

Upendra Bhatt, 61, co-owner of Blossoms Massage and Spa, was accused of inappropriately touching the 21-year-old during a massage on Sept. 15, 2018.


The trial took place on two days in the fall, but was then adjourned to Feb. 5 for Provincial Court Judge Karim Zaher Jivraj to render his decision.

"I find that the accused did massage the complainant's body in the manner she described, including massaging of her breasts and buttocks, without her consent," Jivraj wrote in his decision.

"I also find that this touching was intentional, and that the accused knew this was taking place without the consent of the complainant."

Woman told breast massage was cancer check


The woman, who is not being identified because she's the victim of a sexual assault, said it was her first massage.

She specified before the massage that her back and jaw were areas that she wanted her therapist to focus on, which was confirmed by the intake form.

She said she removed her shirt and bra for the massage but after Bhatt had massaged her lower back for some time, he asked her to pull down her leggings and underwear and eventually asked her to remove her leggings and socks. She testified that he stayed in the room while she did that.

When Bhatt began massaging her legs, buttocks and breasts, the woman said she felt confused, and thought she might have accidentally booked a full-body appointment.

"I just did what I was asked and took my clothes off and laid there," the woman testified.

She said that the accused spent seven to 12 minutes massaging her breasts, telling her that he was looking for breast cancer and lymph nodes.

She testified that at one point, he commented, "Wow, you have a nice body."

He then stopped and asked her if there was anything else he could do for her — a question he asked repeatedly throughout the massage, she said.

Bhatt denied allegations


Bhatt, who said he has conducted more than 3,000 massages over the years, denied the allegations. He repeatedly stated he thought she was there for a full-body massage.

Bhatt admitted to massaging her buttocks, but said it was over a sheet and that he repeatedly asked her for verbal consent.

He denied touching, massaging or exposing her breasts or offering to check for lymph nodes or breast cancer.

The woman said the first thing she did after leaving the spa was to phone her mother to tell her what happened. She also told her employer, who referred her to the Better Business Bureau, and she eventually wrote to the Natural Health Practitioners of Canada, cc'ing the spa. Without her knowledge, the NHPC forwarded her complaint to the Airdrie RCMP, which launched an investigation.

Bhatt was a member of the Natural Health Practitioners of Canada, although it suspended his membership while its investigator and the Mounties investigated.

Didn't have mandatory written consent


Christy Kasur, a message therapy expert, testified that a massage of "sensitive areas" including the buttocks or the breasts requires a patient's written consent and is otherwise expressly prohibited, under the rules of the Natural Health Practitioners of Canada.

The judge ultimately did not believe Bhatt's testimony and found the woman to be very credible.

The judge stated that by touching sensitive areas without written consent, Bhatt's actions were "a clear violation of [the woman's] sexual integrity."

Two other people came forward after the initial RCMP investigation was announced to allege they were also sexually assaulted by Bhatt. These incidents are alleged to have occurred between 2015 and 2017