A former Winnipeg massage therapist who sexually groped a client and asked if he could suck her nipples has been sentenced to one year in jail.
Vivin Johnbursom, 36, was convicted of one count of sexual assault following a trial earlier this year.
Provincial court Judge Margaret Wiebe rejected a defence recommendation that Johnbursom, who has no prior criminal record, be allowed to serve a conditional sentence in the community.
“A strong message must be sent to Mr. Johnbursom and others who believe a person in a vulnerable position, particularly those in a treatment environment, can be objectified and sexually assaulted for the gratification of the assailant,” Wiebe said at a sentencing hearing last week.
“This message must reinforce the understanding that sexual assaults impose long-term and significant damage to the victim,” she said.
Court heard testimony at trial the victim had received “relaxation massages” from Johnbursom on four prior occasions without incident before he assaulted her during a visit to the Knead to Unwind massage clinic in St. James, Oct. 8, 2022.
The victim testified that during the course of the massage, Johnbursom touched her breasts and vagina, attempted to insert his fingers into her vagina, asked her to touch his penis and if he could kiss her and suck on her nipples. At one point, she lay naked on the massage table, but for her underwear.
The victim “had every reason to believe she would feel comfortable and safe” that day, Wiebe said. “Instead, she was sexually assaulted. The degree of harm to the victim is significant.”
In a victim impact statement previously provided to court, the woman said she feels ongoing humiliation and embarrassment, suffers from depression, is afraid to be alone in public, and feels she will never be able to trust treatment providers, particularly if they are male.
“I would like to be clear: (the victim) bears no responsibility for what happened to her,” Wiebe said. “Even in those moments where she did not protest, I find it was out of fear and confusion, and not in any way a signal that she was consenting to the actions … Mr. Johnbursom took advantage of a vulnerable client who was nearly naked in a room with him and was literally and physically in his hands.”
Johnbursom, who is married with two young children, immigrated to Canada in 2014 from India, where he was a surgical nurse. He trained as a massage therapist in 2019.
Court heard Johnbursom and his family moved to Alberta following his release on bail and continued to work as a massage therapist until his arrest came to light last January.
Support letters provided to court from Johnbursom’s recent employer and co-workers attested to his professionalism but resembled reference letters, with the writers not appearing to be aware he had been accused of sexually assaulting a client, Wiebe said.
A psychological report prepared by the defence found Johnbursom was a low risk to reoffend and that he is “generally distressed, embarrassed and ashamed of his conviction,” Wiebe said. The report included no discussion of what underlying factors may have caused Johnbursom to act the way he did, Wiebe said.
“There is no remorse from Mr. Johnbursom, no indication of insight into the impact his actions may have had on the victim,” she said.
Wiebe ordered Johnbursom serve an additional one year supervised probation.
Johnbursom has filed an appeal.
dean.pritchard@freepress.mb.ca
Dean Pritchard
Courts reporter
Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.
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