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A Chatham tattoo artist charged with assault and sexual assault has been found guilty of two counts of sexual assault and not guilty on five other counts after three women complained they were sexually assaulted at his tattoo shop in Chatham.
Dairon Rivero, 33, was found guilty at the Ontario Court of Justice in Chatham on Tuesday afternoon.
All three women alleged Rivero sexually assaulted them in 2018, 2019, and 2021 while they were being tattooed at Rivero's shop called Loko Ink in Chatham and in Ridgetown.
Rivero was acquitted on the first three charges because the justice said the burden of proof was not met, adding that while the complainant's testimony was believable, the justice did not find the evidence reliable.
However, the justice did find the testimony and evidence from the other two victims strong, reliable, honest, and compelling.
The court heard that all of the complainants were in various states of undress when the non-consensual sexual touching and sex talk occurred. One victim said she was in her underwear to get a hip tattoo, another said she had her shorts rolled up so far that her pubic area was showing to get a leg tattoo, while the third woman said she had her dress hiked up during her tattoo.
One of the victims testified that Rivero sexually assaulted her while they were alone and talked about leaving his wife because he was unhappy with his marriage and the lack of sex compared to previous times.
Another victim testified that Rivero lifted her dress, bent her over, simulated humping her, and exposed his genitals to her.
The woman also said he wanted to see her vagina and repeatedly told her that her husband was a lucky man and complimented her buttocks.
The court also heard that Rivero asked her if she liked sex, about her porn-watching habits, and if she used sex toys.
The justice said she was satisfied that the women did not know each other and ruled out collusion.
She also ruled that there was no retaliation on the part of the victims for shoddy tattoo work or any other reason.
Rivero's trial took nearly five months.
A pre-sentence report on February 26, 2024 is the next step before Rivero is sentenced.
