Update: Physiotherapist pleads guilty to sexual assaults

Update 5:10 p.m

A provincial court judge wants to do more research — and view other past cases — before sentencing a Vernon physiotherapist for multiple sex crimes.

Judge Jeremy Guild was not ready to accept a joint Crown and defence sentencing recommendation for 47-year-old Stephen Witvoet at a hearing on Monday .

The lawyers suggested an 18-month conditional sentence order, which is served in the community, followed by 24 months of probation.

Witvoet entered guilty pleas in court Monday to nine counts of sexual assault involving female patients at his Thrive Physiotherapy clinics (first in Alpine Centre, later moved to Mustard Seed Clinic) between 2009 and 2016.

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There was a total of 16 female complainants. One was 18 at time. The oldest was 53. None was under 18.

Stays of proceedings were issued in the other cases.

Crown lawyer Juan O’Quinn told the judge Witvoet would be massaging female patients for various issues ranging from shoulder injuries to flat feet, a bad back and lock jaw, and would put his hand inside their bra.

“He asked her to remove her blouse so he could make an assessment of her,” said O’Quinn describing one victim’s experience. “She was wearing a camisole. Mr. Witvoet started working her shoulder area and then began working her pectoral area, and as he was massaging her chest area he began to cup her left breast and then her right breast. Mr. Witvoet placed a small towel under her neck so she could not see where he was touching her. And during the time he was treating her, he asked her if she liked going to raves (dances),” stated O’Quinn.

O’Quinn says the victim later got a text from Witvoet, saying he had hoped “she felt good.”

Another victim, 18 years old at the time, was there for treatment of flat feet and a bad back.

“‘Oh, you came alone. You didn’t come with your boyfriend,'” said Witvoet to the woman, according to O’Quinn.

“He pulled her pants below her hip bone and began to rub her pubic bone and her groin,” said O’Quinn.

He also lifted up the young woman’s shirt, put his hand in her bra and touched her breast.

Witvoet also touched the vaginal area of another victim.

Defence lawyer Glenn Verdurmen called the joint sentencing submission a “carefully worked out resolution” with Crown.

“Stephen Witvoet takes full responsibility for the offences. There is no question he abused their trust. He is immensely sorry,” said Verdurmen, while also pointing out Witvoet had no previous criminal record.

“He has had a productive life. His time as a physiotherapist should not be defined as only one where he opportunistically touched the breasts of his patients. The vast majority of his time was involved in successfully helping people recover from accidents and reduce their pain,” said Verdurmen.

The defence lawyer says Witvoet, who was born in Toronto in 1972, hasn’t practiced physiotherapy since the summer.

“Since January 17, 2017, Steve Witvoet was advised a complaint had been made against him under the Health Professions Act. At that point he was restricted on working on female patients unless that person was in the presence of a chaperone.”

Witvoet has been a physiotherapist since 2005 and also taught at a local physio-massage therapy school for a number of years.

Verdurmen said the charges have put “tremendous pressure” on Witvoet and his family, which includes his wife and two children, saying Witvoet has “separated himself” from his family and has been living with a friend while he undergoes counselling.

Despite the number of victims, Crown lawyer O’Quinn called the offences on the lower end of the scale, and said mitigating factors included no previous record, accepting responsibility and entering guilty pleas which he said prevented the victims from having to endure trials and having to relate uncomfortable details in court.

The maximum sentence allowed for a summary conviction, which the Crown is proceeding on, for the offence is 18 months.

“He’s getting the maximum allowed for summary conviction. It’s a balance of the aggravating and mitigating factors,” argued Verdurmen, a veteran criminal attorney.

However, Judge Guild wasn’t convinced it was the right sentence.

“I have no doubt there has been extensive discussions to come to this resolution, but my role is to ensure it’s in the appropriate range,” said Guild, a former Crown attorney.

“It’s far from a typical case and that’s why it makes it difficult to say if he’s in the appropriate range,” he added.

The case was put over to Oct. 30 to fix a date to continue the sentencing hearing, likely in a couple of weeks, once Guild has been forwarded more ‘case law’ from the Crown and defence.

There were several women watching the hearing in the gallery, other than media, but it’s not known if they were victims.

A couple of supporters of Witvoet, were also on hand.

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Original story

A Vernon physiotherapist has pleaded guilty to nine counts of sexual assault involving patients who used his services.

Stephen Witvoet, 47, is appearing before Judge Jeremy Guild in Vernon provincial court this afternoon.

A spokesperson for the Crown said the charges involved different individuals who were patients of Witvoet between 2009 and 2016.

The Crown lawyer told the court that in many of cases Witvoet would be massaging female patients and would put his hand inside their bra.

On a couple of victims he touched under their shorts or underwear, the lawyer said.

“There is no question he abused their (victims’) trust,” acknowledged defence lawyer Glenn Verdurmen who is representing Witvoet. “He is immensely sorry.”

Crown and defence lawyers have made a joint submission on sentencing, with a recommendation that includes an 18-month condition sentence to be served in the community plus probation.

However Judge Guild has decided to review more ‘case law’.

He is expected to fix a date to continue sentencing on October 30.

Witvoet has no previous criminal record.

The College of Physical Therapists of B.C. placed several conditions on Witvoet in July including banning him from treating female patients of any age.

Vernon Matters will update this story when more information becomes available.