Vancouver bar owner convicted of 2022 sexual assault

Editor’s Note: This story contains details of sexual assault. If you are in need of immediate crisis assistance, the Salal Sexual Violence Support Centre can be reached at 604-255-6344 in the Lower Mainland or the national toll-free line at 1-877-392-7583. You can find further resources at the B.C. Government website here.

The owner of one of Vancouver’s most famed dive bars has been convicted of sexually assaulting a patron while her mother was passed out nearby.

In a Vancouver Provincial Court ruling dated Dec. 23, Brickhouse Late Night Bistro and Bar owner Chih Hwa Leo Chow, then 65, was found guilty of sexually assaulting a then 21-year-old woman in 2022 when she and her mother went to the Main Street bar for a drink.

According to court documents, the victim’s mother thought of Chow as a friend after formerly working in the hospitality industry together.

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The victim’s mother testified that she and her daughter drank multiple drinks made by Chow before he tried to kiss her while they had gone out the back of the bar for a cigarette. The mother described “laughing” the advance off and saying no.

The victim told the courts that she found it “unusual” that Chow mixed their drinks under the bar counter, out of sight of her and her mother. As a mixologist, the victim shared that industry practice is to prepare drinks in view of the customer, as “part of bartending is the show,” and they can see if you are making the drink correctly.

Victim stated she never agreed to the sexual contact

According to the court, Chow shut the bar between 1:30 a.m. and 2 a.m., so the three of them could talk. During this time, Chow then served them multiple more drinks. The mother shared that Chow sat between the two women, and she would periodically black out or pass out on the couch.

“She recalled sitting in a chair by the back stairs when she began to feel unwell and went to the bathroom. She described having difficulty standing in the stall. She spontaneously vomited. She then forced herself to vomit a second time,” stated Judge Gregory M. Rideout in the court ruling published on Friday.

Chow then took the victim to a nearby couch, where she described helping her to lie down. According to her statements, he then touched her under her bra.

The victim vomited a couple of more times and described a state of “panic” after the first incident.

During a second incident, Chow exposed himself to the victim, forced her to touch his penis, and she was then digitally penetrated.

“Emotionally, she described feeling panicked. Her mind was going blank. She blocked out a significant portion of what was taking place during this interaction. Physically, she described that her hands were shaking and her body went tense. She did not know where her mother was,” Rideout stated.

The victim testified that she did not consent to the sexual interactions.

“I am not attracted to him. He is much older than me. He was considered one of my mom’s friends and I wouldn’t ever have done that. That’s not who I am and I would much rather give consent to someone who is a lot closer to my age.”

Victim initiated sexual contact, accused stated

Chow stated that he believed the victim initiated the sexual contacts, testifying that she kissed him first and “dry humped” him while she was laying down on the couch.

He also denied that he ever exposed himself to the victim.

During the final sexual contact, Chow shared that the victim sat up and told him that he assaulted her. Chow told the court that the accusation made him feel “stunned, anger, hurt, and wow.”

“When he was asked for his reaction to the sexual activity initiated by the complainant taking place in the presence of [her mother], he stated: ‘It was bizarre. It’s surreal. Sorry, unreal. Knowing the mother is to my immediate right, it was bizarre,'” Rideout stated

In his ruling, Rideout found that the victim, who is a lesbian, never gave consent or agreed to any sexual activity with Chow.

Rideout explained Chow’s actions were “reckless” and his actions “rendered him wilfully blind.”

“I find the Crown has established proof beyond a reasonable doubt that there is no credible affirmative evidence, either by words or conduct, that the complainant agreed to voluntarily engage in sexual activity with the accused,” he added.

“I find the defence of honest but mistaken belief in consent is not available to the accused. I find that the Crown has established proof beyond a reasonable doubt that the accused sexually assaulted the complainant on September 16, 2022.”

Chow is set to be sentenced at a later date.