Warning: This story contains details of sexual assault and may be distressing to some readers.
A B.C. Supreme Court judge has rejected the appeal of a man placed on Canada’s sex offender registry when he received a one-year conditional sentence for sexual assault and voyeurism.
Justice Michael Tammen heard the appeal.
Ali Aghasardar pleaded guilty to one count of sexual assault and one count of voyeurism in Vancouver Provincial Court on March 18, 2024.
Both offences occurred in the context of laser hair removal treatments Aghasardar performed.
“The sexual assault was committed against a single female patient,” Tammen said. “The voyeurism count involved three different female patients.”
Judge Patrick Doherty imposed sentence for both offences on Sept. 11, 2024. He also put Aghasardar on the sexual offender registry under the federal Sex Offender Information Registration Act (SOIRA) for 10 years.
Doherty called the latter “the contentious aspect of this matter.”
Aghasardar appealed to B.C. Supreme Court. That was the sole issue before Tammen.
Aghasardar argued the SOIRA order was grossly disproportionate on two issues. First, he said, he is from Iran, and the SOIRA order may make it more difficult for him to travel to his home country.
Second, he said he had been on strict bail conditions for approximately five years prior to sentencing, so further monitoring and supervision was not necessary.
Tammen said no evidence was presented on the ability to travel to Iran. He also disagreed with Aghasardar’s argument that the various orders would put him under state supervision for 16 years.
The justice said Aghasardar abused a position of trust with each of the victims.
“The sexual assault was extremely serious, involving unwanted digital penetration,” Tammen said in dismissing the appeal.
The investigation
Aghasardar was initially charged with two counts of sexual assault and three counts of secretly observing and/or recording nudity in a private place.
The Vancouver Police Department launched an investigation in 2019 after one person reported being sexually assaulted during laser hair removal appointments at Dermabella Clinic near Howe and Smithe streets.
During that investigation, detectives identified a second victim who had allegedly been photographed while naked and receiving treatment at the clinic.
The charge information was amended by Judge Andrea Brownstone to include three complaints on a single voyeurism charge.
On March 18, 2024, Brownstone read each of the two charges to Aghasardar which were translated by a Farsi interpreter.
Each time, Aghasardar said, “Yes, I plead guilty.”
The incidents for the counts to which Aghasardar pleaded guilty occurred between Aug. 19 and Oct. 9, 2019, and Aug. 20 and Oct. 9, 2019, respectively, the court heard.
The college suspension
After the 2022 charges, Aghasardar was given a court-imposed condition not to be alone with any patient or client without another adult present for the duration of any treatment, police said.
Aghasardar was the subject of a complaint to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of BC. The college received a complaint from a female patient alleging professional misconduct on Sept. 28, 2020.
The same day, the college received notification from police regarding the same conduct and that a criminal investigation was underway.
On Oct. 8, 2020, the college said Aghasardar consented to a registration suspension to remain in place until its inquiry committee had made a disposition decision.
