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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Michael Rodriguez, Kelowna Capital News.
UPDATE: Natural gas leak on KLO Road

KLO Road is down to one lane alternating traffic while emergency crews are on scene

Norm Letnick, BC Liberal Party MLA-elect for Kelowna-Lake Country. (Michael Rodriguez - Capital News)
Liberal Party needs youth, urban presence: Kelowna-Lake Country MLA-elect Norm Letnick

The Kelowna-Lake Country MLA-elect also said he will not vie for party leadership

Beyond Learning Kelowna voluntarily closed its doors for the rest of the week to keep its staff and the rest of the community safe from COVID-19 transmission. (Beyond Learning Kelowna)
Kelowna daycare voluntarily closes after COVID-19 case in community

Beyond Learning’s facility director said they wanted to keep staff, children and their families safe

(City of West Kelowna)
West Kelowna council moving forward with large Smith Creek development

‘We’re on the right road here,’ says councillor, adding need for a solid construction management plan

Carter Wilkie. (Tami Quan Photography)
West Kelowna Warriors’ Carter Wilkie making the jump to college hockey

Wilkie has committed to play the 2020-21 season with the Rochester Institute of Technology

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. records 217 more COVID-19 cases, mask use urged

Infection spike continues, 21 senior facilities affected

Revelstoke Fire Rescue Services. (File)
RCMP say fire at Revelstoke apartment suspicious

Second fire in less than a week in Revelstoke contained to one unit

Premier-elect John Horgan and cabinet ministers are sworn in for the first time at Government House in Victoria, July 18, 2017. (Arnold Lim/Black Press)
Pandemic payments have to wait for B.C. vote count, swearing-in

Small businesses advised to apply even if they don’t qualify

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

This Photoshopped version of the crosswalks near the entrance to the Salmon Arm Art Gallery on Hudson Avenue show what is proposed to help create safety for and show inclusivity to the LGBTQ2S+ community. (Salmon Arm Arts Centre image)
Tri-rainbow crosswalk and Progress flag requested to help make Salmon Arm safe

Council will consider budget requests to help make city inclusive to LBGTQ2S+ community

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Representing Krueger Electric (from left):  John Zaichkowsky, senior project manager; Dalton Callies, project manager; Peter Sherba, president and CEO; Heather Bakay, vice-president, finance; Mat Leighton, estimator; and Brad Smith; senior estimator. (Contributed)
Straight from Dehart

Krueger Electric moving to new location

Penticton resident Seamus Kirby, 30, was sentenced to 16 months behind bars for fleeing from police in a stolen vehicle this April. (Facebook)
Prolific offender back behind bars

Seamus Kirby, 30, has a long history of crime in the Okanagan

A raccoon paid a visit to a Toronto Tim Hortons on Oct. 22, 2020. (shecallsmedrew/Twitter)
Who are you calling a trash panda? Raccoon takes a shift at Toronto Tim Hortons

Tim Hortons said animal control was called as soon they saw the surprise visitor

Most Read