Edmonton tattoo artist found not guilty of sexually assaulting 2 sisters
CBC
WARNING: This article contains details of abuse.
A former Edmonton tattoo artist has been acquitted of sexual assault charges against two sisters.
Court of King's Bench Justice Grant Dunlop found 28-year-old Daniel Viau not guilty on Wednesday. The sisters, whose identities are protected by a publication ban, alleged Viau sexually touched them without consent during tattoo appointments in 2021.
One sister was 16 at the time and the other was an adult.
Both testified that Viau put his hand in their underwear and touched their genitals throughout hours of tattooing on their upper legs.
The sisters were present for each other's tattoo sessions, but told the court that neither said anything during the alleged assaults, and neither noticed anything was wrong while their sibling was being tattooed.
Viau is currently serving a 7½-year prison term for two separate sexual assault convictions. A jury found him guilty in 2021, and he was sentenced last year.
He appealed those convictions, but the Court of Appeal of Alberta rejected his appeal in a ruling filed Monday.
In the decision on the latest sexual assault charges, Dunlop said testimony that the sisters had a close relationship and looked out for each other raises questions about their accounts of the alleged assaults.
"It is improbable that [one sister] would remain silent while Mr. Viau kept his hand in her underwear for three hours," Dunlop said.
"I would expect [her] to tell [her sister] what was happening, at least during one of Mr. Viau's bathroom breaks, and certainly before [her sister] started getting a tattoo.... These inconsistencies give rise to reasonable doubt."
One sister testified she began to have an anxiety attack during the alleged touching, and Dunlop said he would expect her sibling would have noticed she was in distress.
Dunlop noted he's required to guard against applying myths or stereotypes about sexual assault in his decision, but he still felt the Crown failed to prove essential elements of their case.
"There is no usual or standard way for someone who is being or has been assaulted to react. This is true as a matter of law."
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