Dialogue Volume 13 Issue 3 2017 - Page 60

DISCIPLINE SUMMARIES s. 246.1(1) of the Criminal Code, and one count of breach of recognizance contrary to s. 145(3). Twenty nine of the counts of touching for a sexual purpose and sexual assault were based on allegations involving 20 of Dr. Marshall’s former patients. They were all young boys treated by Dr. Marshall prior to or during puberty and their allegations related to genital exams conducted by Dr. Marshall. The remaining three counts involved two complainants who alleged that Dr. Marshall had touched them improperly on occasions outside of his office. One of these complainants was Complainant A. On April 29, 2013, Mr. Justice Reid of the Ontario Superior Court of Justice found Dr. Marshall guilty of sexual assault in respect of Complainant A. Dr. Marshall was acquitted on the rest of the charges. Complainant A Complainant A was in Grade 9 when he first met Dr. Marshall. His life was in turmoil and he was vulnerable. Dr. Marshall befriended Complainant A because he was present on the sidelines of a sport team as a medical doctor and Complainant A was on the team. Through Dr. Marshall, Complainant A became involved in Dr. Marshall’s religious group. When he was about 15 and 16, Complainant A twice attended that group’s summer camp with Dr. Marshall as a counsellor. Throughout high school, Complainant A and his friends went over to Dr. Marshall’s house in high school to watch football on TV or for Bible discussion many times. Other than occasional boarders, Dr. Marshall lived alone. He would take the boys out for dinner and pay for them. He bought new shoes and groceries for Complainant A. Sexual Assault of Complainant A Complainant A testified at the criminal trial regarding the four incidents of sexual assault by Dr. Marshall: 1. While at summer camp operated by the religious group when he was 15 or 16, Complainant A descended on a zip line. Two friends were waiting at the bottom to slow him down. Dr. Marshall was also there and grabbed Complainant A’s genitals with one open hand. Nothing was said but Complainant A considered the touching very inappropriate. 2. When Complainant A was about 16 years of age, he was at Dr. Marshall’s house with a group of friends. He was standing in the doorway between the living room and the kitchen. Dr. Marshall came up from behind, put his hand around Complainant A’s waist under his pants and underwear and grabbed his genitals for a couple of seconds. Complainant A pushed Dr. Marshall away. 3. When Complainant A was living in a rooming house, he asked Dr. Marshall to examine him because he had a sore back. Dr. Marshall told him to take his shirt off and bend over. Once Complainant A bent over, Dr. Marshall stood behind and put his hands on Complainant A’s back, feeling both sides of the spine. Dr. Marshall’s hands went to the sides of Complainant A’s hips and Dr. Marshall rubbed his erect penis against Complainant A’s buttocks. 4. Complainant A was alone with Dr. Marshall at Dr. Marshall’s home. They were discussing God and about how Complainant A’s family had abandoned him. Dr. Marshall got up off the couch, stood in front of Complainant A and then moved towards him as if he was coming in for a hug, but instead lay on top of Complainant A. One of Dr. Marshall’s hands was on Complainant A’s wrist and the other one was working down to his waist. Complainant A was frightened and tried to wriggle out and bolt for the door. Dr. Marshall said words to the effect: “I’m just hugging; I’m not trying to fuck you yet.” Justice Reid convicted Dr. Marshall of sexual assault based on the incidents described in paragraphs 2, 3 and 4 above. Justice Reid did not rely on the incident at the summer camp because it occurred outside of the Court’s jurisdiction. Sentence and Appeals On July 3, 2013, Dr. Marshall was sentenced to eight months imprisonment, less six days pre-trial custody. Dr. Marshall appealed his conviction and sentence to the Court of Appeal for Ontario. On July 9, 2015, the Court dismissed Dr. Marshall’s appeal. Dr. Marshall applied for leave to appeal the Court of Appeal for Ontario’s decision to the Supreme Court of Canada. On January 28, 2016, the Supreme Court of Canada dismissed Dr. Marshall’s application for leave. 60 DIALOGUE ISSUE 3, 2017