February 1, 2012

A Free Massage Gets Gay Man Arrested {Now The Sentence}

Update on story: Sentecing
In OTTAWA  and  in hindsight, Elias Elhitti's remark to the man lying naked on his massage table -- he had complimented the man's buff body -- could have been considered flirtatious.
But Elhitti seriously misinterpreted the man's response -- "thank you, I work out three days a week" -- and laid a creamy hand on the man's privates.
"For (the victim), they were innocent comments," Judge David Paciocco said Tuesday.
He gave Elhitti, 42, a suspended sentence and two years of probation after convicting Elhitti of sexual assault in November.
"This was an attempt at seduction," Paciocco said, not a "predatory, premeditated sexual assault."
Elhitti had invited the victim for a November 2008 appointment at his Bank St. hair salon and spa through a Facebook message promising a free massage.
Elhitti testified that was obvious gay code for "man-on-man action."
The victim -- who came across in testimony as honest, naive and fiercely heterosexual -- didn't clue in.
Paciocco called it a "crude and deceptive form of cruising."
"The use of massage ... was a representation that was false and created trust in the victim that enabled this offence to occur," he said.
But Elhitti has suffered a great deal of publicity and ridicule and bears "the scarlet letter of stigma," Paciocco said.
Elhitti has also spent 26 months under strict bail conditions.
"I think you've learned a serious lesson," Paciocco said


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