BRANTFORD – When he assaulted the first woman and was accused of assaulting a second woman, the community didn’t know.
But a recent victim of a local elderly man convicted of assault last December wants people to know both her name and the name of her attacker: Sardul S. Multani.
“The community deserves to know, to protect themselves,” Brantford realtor Tiffany Nelson said, pointing out she is not Multani’s first victim.
Nelson returned to court after her case was over to make a point. Under new legislation that came into play just as Multani was convicted, victims, witnesses and justice system participants can discuss directly with prosecutors and judges whether they want a publication ban, instead of it being automatically imposed.
Nelson had to jump through a few hoops but, with the assistance of a victim support worker, a helpful assistant Crown attorney and a sympathetic judge, she now is legally allowed to say her own name – and that of her attacker – in the story.
“With the law changed, I knew I had to make a point to create a new path for future victims to have their voice heard,” she said. “I was scared for the public and I’m still firm on the community deserving to know.”
On August 11, 2022, Nelson and Multani met at a home Nelson was showing. He offered to show her and a client through his similar unit.
Multani grabbed at Nelson’s arm a few times, she said in an interview. It made her feel uncomfortable, but the realtor also volunteers with an elder transport program so she was inclined to slough it off.
Nelson says Multani grabbed her after the client left, pulling her in for several hugs and then tried to pull her back into his home.
“I thought of hitting him in the face but he’s 78,” she said.
She says she was able to break away, saying it was like being in a high school wrestling match again.
A few days later, Multani was charged with sexual assault but that charge was eventually reduced to assault.
Nelson told the court in a victim impact statement that she never imagined she would find herself assaulted by a senior.
“I never thought I would have to fight to get free from a man of almost 80 years who was grabbing at my body,” she said.
Multani’s lawyer characterized his client’s behaviour as “grabbing the wrist” of the victim at the end of a “mutual hug” between them. “He grabbed her arm and pulled it back to go back into the home harder than he should have. It was a brief incident with no injuries although it was inappropriate.”
The defence lawyer asked for a six-month community sentence with three months of house arrest and a year-long probation, saying a longer probation would keep the senior from being able to visit family in India.
He argued for a three-month house arrest because Multani’s previous assault was more serious, including “fondling,” thus he should get a shorter sentence for “much less aggravating behaviour.”
Multani had been charged with sexual assault in 2021 for two separate incidents that occurred days apart in July 2021.
In April, 2022, one count was dismissed and he was allowed to plead to the lesser charge of assault in regard to the other. He was sentenced to a term of house arrest and placed on a year-long probation.
Justice Gethin Edward pointed out that Multani hadn’t admitted his guilt this time – a judicial sign of remorse – and a pre-sentence report about Multani noted that he doesn’t see proper boundaries or have any insight into his poor behaviour.
The judge pondered if a longer probation would give him more time in counselling to understand those things.
Assistant Crown attorney Jeff Mazin said the case had been a difficult one for him to parse.
“I was considering asking for a short, sharp jail sentence,” Mazin said, noting Multani was still on probation for the previous assault when he assaulted Nelson.
The judge agreed that it would be a “big ask” to send a man with language challenges who was nearing 80 to Maplehurst where even capable young men find it hard time.
But Mazin said Multani should be put on a three-year probation because his assault used “significant force” and it had a “significant impact” on his victim.
Nelson told the court in her victim impact statement that she used to love meeting new people and touring their homes.
“Now that just feels like I’m setting myself up to be attacked again,” she said.
A busy volunteer, Nelson has changed her involvement in several programs so she doesn’t have to face being alone with men.
In sentencing Multani, Edward said: “People have the right to go about their business without being grabbed or pawed or inappropriately touched. Plain and simple.”
The judge issued a six-month community sentence but declared Multani would be under house arrest for the entire time. He also gave him a two-year probation with orders to provide DNA and get counselling.
“Mr. Multani, you must learn to respect and understand people’s boundaries. That is part and parcel of what we cherish in our society,” the judge said.
Nelson said she understood the punishment, leaving Multani “basically grounded” for six months but allowed out on Saturdays to go shopping and Sundays to attend temple.
“But,” she said, “I don’t believe this man deserves privacy in his last years.”
With the new Criminal Code change saying victims must be specifically included when it comes to discussions about publication bans that are meant to protect them, Nelson returned to court to ask Edward to lift the ban on her case that was protecting her name.
After questioning her closely, the judge agreed.
“If I was just the first (victim), that’s one thing,” she said. “But . . . I want to be the last. I want to make it known.”
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