Massage therapist guilty of sexual assault files constitutional challenge

Lawyers for convicted massage therapist Dennis Baltazar have filed a constitutional challenge of a prohibition against conditional sentences for convicted sex offenders.

Lawyer Jennifer Ruttan appeared in Court of Queen's Bench Friday to seek a two-week adjournment while it's determined how much court time will need to be required to argue her Charter application.

In noting the two-week adjournment was at the hands of the defence, Crown prosecutor Sarah Goard-baker pointed out the Charter notice was only filed this week, more than a month after Justice Willie dewit convicted Baltazar.

“This is to be recorded as a defence adjournment,” Goard-baker told Justice Pat Sullivan, in case there is an unreasonable delay application at some point.

Ruttan and co-counsel Karen Molle want to argue the section of the Criminal Code which prohibits conditional sentences for sex crimes proceeded by indictment is a breach of their client's Charter rights.

“We have filed a constitutional challenge,” Ruttan told Sullivan in seeking the two-week delay before setting a date for their Charter application.

Conditional sentences allow offenders to serve custodial terms in the community, often under house arrest, or curfew, instead of behind bars.

On March 9, Baltazar was convicted of molesting 11 male clients during therapy sessions.

He had been charged with sexually assaulting 16 different men, but dewit found he had a reasonable doubt on five of the allegations.

In rejecting Baltazar's denials he touched any of the men's genitals intentionally, the judge called his evidence “implausible,” “untenable” and straining “the bounds of credulity.”

In considering one of the counts, dewit noted he earlier ruled he could consider the similar facts in each allegation when weighing Baltazar's claim of accidental contact or, in other incidents, complete denials.

“When I consider the similar fact evidence, where the accused has alleged to have made this kind of contact with respect to numerous complainants without noticing, the evidence of Mr. Baltazar becomes even more implausible and is so unlikely that my view (is) his denial does not raise a reasonable doubt,” the judge wrote.

“Mr. Baltazar's denial that he had

When I consider the similar fact evidence … the evidence of Mr. Baltazar becomes even more implausible.

no knowledge of making contact with (that complainant's) genitals on 10 occasions in a short period of time strains the bounds of credulity and is untenable.”

In considering another count, dewit referred to the fact Baltazar said he was unaware he had touched another client's genitals more than 10 times.

“Mr. Baltazar's denial of any knowledge he made contact with (that witness's) genitals over 10 times in a short period of time becomes completely implausible,” the judge wrote.

Baltazar, 46, who remains at liberty, was not in court Friday.