Former masseur jailed for assaulting 3 women

A former masseurwho assaulted three women has been sentenced to 60 days in jail.

David Charles Vail, 49, pleaded guilty to assaulting the womenin June 2018as they layon his massage table.

Vail reached under the women's underwear and touched their pelvic region during the massage sessions, according to an agreed statement of facts read in provincial court inCharlottetown Monday by Crown prosecutor Lisa Goulden.

"The victims all want this court to know they were greatly impacted by what happened," Goulden told court. "Thisis a breach-of-trust situation."

Charges reduced from sexual assault

Vail had originally been charged with three counts of sexual assault. He entered guilty pleas after the charges were reducedto common assault.

In all three incidents, according to the agreed facts, Vail told his victims they could "leave their underwear on or off" during their massage sessions.

One woman had come for a massage to her neck, shoulders, back and feet, but accepted Vail's suggestion ofa full-body massage based on his opinion that she might have a "lymphatic issue."During the massage, Vail slidhis hands under the woman's underwear five to 10 times, and held his hands on her pelvic area 45 seconds to a minute each time.

The woman "froze" according to the agreed facts, "felt violated and decided to make a police report." While she was reporting to police, Vail sent her a text message, offering her a discount to returnregularly.

The second victim fell asleep during Vail's massage. She woke upto findhis right hand in her underwear. According to facts presented in court, the woman "froze" and he continued to touch her inappropriately. The woman took a pictureof Vail's credentials as he left the facility, got in touch with a rape crisis centre and went to hospital for a sexual assault examination.

Vail's third victim went to police in August, after hearing that other people had complained. She'd been a repeat customer of Vail's, but told police she found some of his practices odd. During a session in June, she too fell asleep on the table and woke up to find Vail's hand downher underwear.

The victims are so vulnerable. They're lying there half naked. Judge John Douglas

The Crown prosecutor told court she was concerned by comments Vail made to justice officials in preparation for Monday's sentencing.

"He seems to think his relationship with one of his victims was consensual," said Goulden. "He thinks his massages were normal, that there was nothing wrong with them.His clients clearly knew it was inappropriate. They never went back ... he doesn't get it."

Defence lawyer Ryan Moss told court Vail is struggling with depression, and that Vail resigned from his job and no longer gives massages.

Vail told the court Monday he now understands what he did was wrong.

"I am truly sorry and I deeply regret my action," Vail told court. "People say they can't trust me, that really hurts my character. I've always felt that I was a good person."

Not registered as massage therapist

The judge said 60 days in jail sends a clear message.

"The victims are so vulnerable. They're half naked, lying there, half asleep," said Judge John Douglas."It's very invasive whether your intent was sexual or not."

"The impact on the victim can be ... very serious."

Vail will serve his60 day sentence on weekends.

Vail was nota registered massage therapist, according to the P.E.I.Massage Therapy Association.

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