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A Dartmouth woman has been convicted of sexually assaulting her continuing-care assistant and awaits sentencing in February.

In a written decision from Oct. 28, 2019, that was released Thursday, Chief Judge Pamela Williams of the provincial court found Sherri (Sherry) Dawn Barrett, 44, guilty of touching the care assistant without consent.

The decision provided background that the care assistant, whose identity is banned from publication, was 27 and four-foot-nine and 124 pounds. Her duties included attending to the client’s hygiene, cleaning her home and preparing meals in the home.

Barrett was described as six feet and 200 pounds on June 7, 2018, when the care assistant was assigned cleaning duties at her home.

The assistant testified that several encounters of unwanted sexual touching occurred. After cleaning the bathroom, she said Barrett came up behind her and slapped her behind. The care assistant testified she ignored the gesture, saying “that stuff happens to me quite often, so I proceeded to do my job.”

The care assistant said Barrett slapped her on the buttocks in the kitchen and Barrett said, “you’re pretty, I just want to keep you in my pocket, I want to keep you here forever.”

The care assistant told Barrett she had a partner and the work she was performing was her profession.

Barrett kneeled in front of her and put her arms around the employee in the living room while she was completing paper work, the caregiver testified. While hugging her, Barrett moved her mouth toward the care assistant, saying she wanted to kiss her.

The care assistant replied that it was “unprofessional.” Barrett then picked up the caregiver but, with her feet dangling in the air, she was able to push away. The assistant then went down the hallway and while leaning over to pick up a book bag, Barrett grabbed her by the buttocks and lifted her up again, she testified.

Barrett asked for a hug and the care assistant said she replied “sure,” knowing her next step was to leave and not return.

She reported the incident at her work that night and told her supervisor the next day. She filed a complaint and provided a statement to police on Aug. 27, 2018.

Barrett’s evidence asserted that she and the care assistant had been classmates and that they last saw each other in 1996. Given the assistant’s age, 27 at the time, that was clearly impossible.

The decision says there is no evidence that the two women were ever close friends.

The judge wrote that the care assistant was acutely aware that employees were not to care for clients they knew personally.

Barrett also contended that the care assistant propositioned her for sex and threatened Barrett that if she said no, her home care would be terminated. Barrett gave the court the impression that she was the victim.

Williams rejected Barrett’s evidence because it lacked credibility.

Conversely, the court found the care assistant “gave her account of the events in a fair, measured and thoughtful way.”

She presented as a conscientious and professional employee who does her best to provide care for her clients, including Ms. Barrett, Williams wrote.

“It is inconceivable that she would risk her employment by having sexual contact with clients or threatening them.”

Barrett will be sentenced in Dartmouth provincial court Feb. 3.

