B.C.’s court of appeal is in Vancouver. (File photo: Tom Zytaruk)

B.C.’s court of appeal is in Vancouver. (File photo: Tom Zytaruk)

New trial ordered for woman accused of sexually assaulting teen in Surrey

Ruth Marisol Sanhueza, who had been found guilty of sexual assault and sexual interference, has won her appeal in court

A new trial has been ordered for a woman accused of sexually assaulting a 15-year-old boy in the back seat of her car in Surrey.

After Ruth Marisol Sanhueza was found guilty of sexual assault and sexual interference in Surrey provincial court she successfully appealed her convictions before the Court of Appeal for British Columbia.

“The appellant challenges the convictions on two grounds. First, she says the trial judge erred in her approach to an out-of-court denial made by the appellant when confronted with the allegations. Second, the appellant contends that the judge did not adequately explain why she rejected the denial,” Justice Joyce DeWitt-Van Oosten said in her Oct. 13 reasons for judgment.

DeWitt-Van Oosten found the trial judge did not properly assess the accused’s out-of-court denial and ordered a new trial, with Justices Mary Saunders and Elizabeth Bennett concurring.

READ ALSO: Haevischer, Johnston appeal convictions in Surrey Six slayings

READ ALSO: Surrey drug dealer loses appeal in sassafras odour case

READ ALSO: Man convicted by Surrey judge in hatchet attack near SkyTrain station loses appeal bid

There is a publication ban on information that could identify the complainant. The teen testified that during an errand run in 2016 Sanhueza drove him to a forested area near Guildford Town Centre shopping mall, parked her car and the two began talking.

“The appellant asked the complainant to look for something in the back seat. When he could not find it, she joined him there, and the conversation continued,” DeWitt-Van Oosten said in her reasons.

The boy testified that after Sanhueza’s alleged sexual advances, during which, he claimed, she touched his crotch twice over his pants, he was “uncomfortable” and got of the car. He told the court he got back into the car after the accused apologized, and then they left to continue with the errands.

The teen testified that Sanhueza told him not to say anything about the incident. About two weeks later, he told his parents. The court heard the accused claimed it was the boy who sexually harassed her and that she did not want to tell his mom about his alleged behavior because she knew the complainant’s mother “punishes” her children.

Sanhueza did not testify at her trial.

During final submissions, the Crown argued the teen had no motive to lie and was a reliable and, in fact, a reluctant witness.

“The Crown also took the position that the appellant’s statements about the complainant having sexually harassed her were not true,” DeWitt-Van Oosten said.

The defence, on the other hand, argued that the testimony of the complainant and his mother lacked credibility.

Defence counsel argued that the complainant’s version of events was false and that he did have a motive to lie, namely, to make up a story to avoid being punished by his mother for “sexually harassing” the appellant.



tom.zytaruk@surreynowleader.com

Like us on Facebook and follow Tom on Twitter

CourtSurrey

Just Posted

Vetch cover crop beginning to flower. (Mary Lowther photo)
Mary Lowther column: Vetch and crimson clover to the rescue of soil fertility

I add dry organic fertilizer as plants use up what is in the soil.

Sarah Simpson
Sarah Simpson column: A shift in perspective can sometimes change everything

Have you even been forced to wake up at 5:30 on a Saturday

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

North Cowichan’s committee of the whole have rejected staff’s recommendation to limit the use of fireworks to Halloween. (File photo)
North Cowichan rejects limiting fireworks to Halloween

Municipality decides staff recommendation would be unpopular

Things are looking up for Vancouver Island as zero COVID-19 cases have been reported for the first time since October. THE CANADIAN PRESS/Darryl Dyck
Island records zero new COVID-19 cases for the first time since October

For the first time since October, the province is reporting zero new… Continue reading

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

A North Vancouver man was arrested Friday and three police officers were injured after a 10-person broke out at English Bay on June 19, 2021. (Youtube/Screen grab)
Man arrested, 3 police injured during 10-person brawl at Vancouver beach

The arrest was captured on video by bystanders, many of whom heckled the officers as they struggled with the handcuffed man

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Bruce Springsteen performs at the 13th annual Stand Up For Heroes benefit concert in support of the Bob Woodruff Foundation in New York on Nov. 4, 2019. (Greg Allen/Invision/AP)
Canadians who got AstraZeneca shot can now see ‘Springsteen on Broadway’

B.C. mayor David Screech who received his second AstraZeneca dose last week can now attend the show

New research suggests wolves can be steered away from the endangered caribou herds they prey on by making the man-made trails they use to hunt harder to move along. THE CANADIAN PRESS/Nathan Denette
Culling cutlines, not B.C. wolves, key to preserving caribou herds: researcher

The government has turned to killing hundreds of wolves in an effort to keep caribou around

Gary Abbott (left) and Louis De Jaeger were two of the organizers for the 2014 Spirit of the People Powwow in Chilliwack. Monday, June 21, 2021 is Indigenous Peoples Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of June 20 to 26

Indigenous Peoples Day, Take Your Dog to Work Day, Onion Rings Day all coming up this week

Gwen Spencer Hethey with her uncle and mentor Major Frederick Richardson. (Courtesy of Greater Victoria Sports Hall of Fame)
‘She was a killer’: The B.C. woman who pioneered female sharpshooting

Gwen Spencer Hethey made military men ‘look like turkeys’ says her son

Central Okanagan Grade 12 grads are set to get $500 each after a more than $1 million donation from a Kelowna couple. (File photo)
B.C. couple donating $500 to every Grade 12 student in the Okanagan

Anonymous donors identified as Kelowna entrepreneurs Lance and Tammy Torgerson

Most Read