Spa Mint masseur Timothy Van Eyle groping conviction quashed

A massage therapist found guilty of touching his client’s breasts has had his groping conviction quashed in the ACT Supreme Court.

A massage therapist who was found guilty of groping the breasts of a client has had his conviction quashed in ACT Supreme Court after a judge found the case was “susceptible to misinterpretation.”

Timothy Van Eyle was convicted of one count of an act of indecency without consent on April 8 last year by Special Magistrate Jane Campbell.

She said she was satisfied, beyond a reasonable doubt, that he had touched his client’s breasts “in a sexual manner, deliberately and not just in passing.”

Timothy Van Eyle leaves the ACT Magistrates Court last year.

However, in a decision handed down by Justice Christa Loukas-Karlsson last week, the massage therapist’s conviction was overturned after it was ruled the conduct was “susceptible to misinterpretation”.

Ms Loukas-Karlsson said she was satisfied beyond reasonable doubt Mr Van Eyle touched the woman’s breasts, the act of touching her breasts was indecent and the woman did not consent to having her breasts touched.

However, she said she was not satisfied beyond reasonable doubt Mr Van Eyle was reckless as to whether the complainant was consenting.

“On the evidence, I must return a verdict of not guilty,” Justice Loukas-Karlsson said in her decision.

“It is entirely reasonably possible on examining all the evidence that the complainant and the (Mr Van Eyle) have both honestly reported different perceptions of the treatment,” she said.

“It is a reasonable possibility that (Mr Van Eyle) was giving truthful evidence when he testified that he believed the complainant had indicated consent to the massage he undertook.”

Ms Loukas-Karlsson said the prosecution had failed to prove beyond reasonable doubt Mr Van Eyle had intentionally groped the woman.

She ordered the conviction of guilt be overturned.

Timothy Van Eyle's appeal against his groping conviction has been successful. Picture: Craig Dunlop.

In 2021, the court heard Mr Van Eyle had only been working at Spa Mint for a few weeks prior to the alleged January 2019 incident.

The complainant alleged the defendant cupped her breasts, slid his hands up and down her torso and played with her nipples for up to 15 minutes.

The alleged victim told the court last year the masseur’s behaviour was “like he was feeling me up”.

Mr Van Eyle was due to be sentenced in June last year but he filed for an appeal on April 23.

The court heard in 2021 that at the time of the first hearing Mr Van Eyle kept his job at the spa but was reprimanded by his boss who told him not to touch a customer’s breasts “even if there was consent”.

The spa has since been renamed to Mint ‘n Co massage.

It is not suggested that the spa or its other employees have engaged in any wrongdoing.