SELECTED CASE LAW
In 2016 QCCQ 7139, a 30-year-old personal trainer, Mr. L, was found guilty of sexually assaulting and sexually exploiting Ms. B, who was 15 years old.
Ms. B had signed up with her mother at the gym where Mr. L worked. Mr. L approached Ms. B at the gym with the suggestion that she hire him as her trainer, and she agreed. At their first meeting, Mr. L made inappropriate comments, asked about Ms. B’s sexual preferences, and, under the guise of professional training, made her remove her shirt and her bra. He proceeded to compliment her breasts, touch them with his hands and mouth, and proposed other sexual activities. He asked her not to mention this to anyone and scheduled another appointment for Ms. B. He called her after the meeting to confirm their follow-up appointment, but Ms. B had already told close friends about the incident and the police were contacted. The court found that a personal trainer holds a position of trust, which is established through providing advice, evaluations, and personalized programs, and Mr. L used this trust to have her remove her clothes.