A Calgary massage therapist sexually assaulted a female client during an appointment where he inappropriately touched her before asking to kiss her, a judge ruled this week.
Genesis Cape was charged with a single count of sexual assault following the January 2023 appointment at Rhema-Gold Physiotherapy. Cape, 52, was working as an independent contractor at the time and was not employed by the business.
The victim, who had booked a one-hour therapeutic massage to treat a persistent shoulder injury, said that after massaging her shoulders and back, Cape had her turn over, leaving her upper body exposed.
He first massaged her jaw before suggesting the shoulder pain and numbness she was feeling could be connected to a muscle that ran under her breasts, she said. Cape put oil on her chest and vigorously massaged the area without her consent, she said, before applying oil to her stomach.
The victim said it was while Cape was massaging her stomach that he reached under her leggings and touched her groin area.
The woman said she felt confused and uncomfortable during the session but only realized what was happening when Cape moved his face close to hers and asked to kiss her, which she refused.
“That’s when reality kicked in. That’s when I really realized: No. What I was thinking is exactly what is happening,” she told court. “And I said it to him. I said, ‘Oh my God. You’re doing exactly what I’m thinking you’re doing.’
“I knew something wrong was happening the entire time, but that’s when I got pure clarity.”
A receptionist testified she saw the victim running, topless, from the massage room. The patient, she said, was “freaking out,” and after calming down asked staff to call 911.
Cape’s lawyer did not call any evidence and relied only on the cross-examination of witnesses, suggesting the victim had asked Cape to massage her breasts and groin area and had fabricated events.
Justice Indra Maharaj, in a written decision, said she had no reason to doubt the woman’s testimony and found Cape’s actions were deliberate and for a sexual purpose.
“The complainant had never received treatment from the accused prior to the incident date,” Maharaj wrote. “She did not know the accused in a personal capacity and did not seek him out for any other purpose.
“In essence, they were strangers in a relationship that involved a significant amount of trust.”