A former Barrie dermatologist accused of sexually assaulting two patients has been acquitted of all charges by a judge.
Justice Chris de Sa delivered his decision in front of a Newmarket courtroom on Monday morning. Justice de Sa said the Crown failed to prove Dr. Rod Kunynetz meant to inappropriately and sexually touch the women.
"A failure to meet professional standards in this regard does not make the conduct in question a criminal offence," de Sa ruled.
“After thoroughly analyzing all of the evidence, including Dr. Kunynetz‘s testimony, Justice de Sa was not convinced that either complainant had been touched for a non/medical purpose,” said defence lawyer David Humphrey.
During the trial, the court heard from one woman who went in to have a pre-cancerous spot on her face examined. The other had a spot on her leg looked at.
The two women claimed Kunynetz inappropriately touched them during medical exams in 1998 and 2008. The Crown argued that both women did not expect to be touched in the manner they were and no consent was asked for or given.
The defence argued that Kunynetz was conducting routine medical examinations that included the torso area.
Justice de Sa wasn't convinced the doctor meant to do it for sexual gratification, ruling "I am not satisfied that the accused was aware that the touching was not consented to."
He believes Kunynetz had “an honest but mistaken belief that the touching was with the complainants' consent."
Kunynetz lost his medical licence to practise after the College of Physicians and Surgeons of Ontario found him guilty of sexually abusing a patient by touching her breasts.
