The goal of massage or spa treatment is to relax. In a way, you’re surrendering to the staff to take full advantage of an opportunity to release stress and rejuvenate. There will also be physical contact between you and your massage specialist that you consent to. That consent has limitations.
When the line is crossed between a professional massage and assault, it becomes a sex crime.
The instances of sexual assault at a massage parlor are not a new phenomenon. And we know all too well how these crimes occur and the impact they can have on the victim. We filed suit against Massage Envy, a national chain of massage spas, which was accused of assault by 180 women. That lawsuit led to new laws and reforms enacted to protect clients from this type of abuse. Sadly, not every massage therapist complies.
If you’ve been the victim of this type of crime, our massage and spa assault lawyer at Laffey Bucci D’Andrea Reich & Ryan wants to hear from you.
This is the type of assault that can leave you confused, angry, depressed, and ashamed. It’s important that you understand how these sexual crimes can happen, and spas and massage parlors and what you can do about your assault.
Understanding Sexual Assault in Spas and Massage Parlors
The most common instances of sexual assault at massage parlors happen between male masseurs and female clients. Any massage client is put in a vulnerable position. You’re often disrobed and lying face down while a stronger and possibly physically intimidating therapist conducts the massage.
You’re trusting that massage therapist, who is most likely a stranger to you.
Unfortunately, the combination of the physical environment and your vulnerability can embolden some perpetrators to abuse their clients. With every professional massage, there are intimate boundaries that should not be violated. The moment a violation occurs, the therapist has crossed the line and is allegedly guilty of a sex crime.
This comes down to a matter of consent. The following are some examples of crossing the line in a massage session:
- Kissing
- Unwanted fondling of breasts or genitalia
- Making sexually suggestive comments
- Sexually charged behavior
In extreme cases, there could also be an incident of rape. Any type of assault in a massage parlor should be reported as a crime to the proper authorities.
Pursuing a Sexual Assault Claim
When clients enter a massage room, they are supposed to be in a safe space. These are private rooms with no cameras. That can make pursuing allegations of assault a challenge. It could devolve to a case of “he said/she said.” That should not prevent any victim of this type of assault from seeking justice and a remedy.
You can pursue two avenues for this type of incident: Criminal and civil. No matter how far the assault went, if you did not give consent, it would be considered a crime. That would be charged and prosecuted by the Philadelphia District Attorney’s Office.
The civil complaint can be supported with help and guidance from Laffey Bucci D’Andrea Reich & Ryan. We have direct experience helping clients hold the at-fault parties accountable. It is not just the perpetrator of the crime that can be held accountable. The business that hired them and the management who allowed the assault can also be investigated and held liable.
An abuser is rarely committing a crime for the first time. There might be instances in their past that should have been a red flag for the company. Also, if there has been any report of inappropriate contact between a massage therapist and a client, that can be an issue for liability. Did the company investigate the allegations or sweep them under the rug?
All of this will be investigated by your attorney and used to support your civil complaint.
FAQs on Massage Spa Sexual Assault
If you’ve been the victim of an assault, you will be processing a lot of emotions and information. It will help to understand the challenges and limitations of these types of crimes. Here are some FAQs that can help bring the incident into focus.
What constitutes sexual abuse?
Any unwanted sexual contact or behavior that occurs without your consent is sexual abuse. You can define your limits for where you can be massaged. When the massage therapist crosses the line and you do not consent, that is abuse and assault.
Who is liable for the assault?
The massage therapist who committed the crime is the primary person liable for the assault. The establishment’s owner, management, and national franchise (if applicable) can also be held liable.
What can I ask for in terms of damages?
You are entitled to seek compensation for any loss related to the incident. That includes compensation for medical expenses, lost wages, and emotional distress.
What if there aren’t criminal charges or the perpetrator is found innocent?
What happens with the criminal aspect of your case does not directly impact your civil complaint.
You can file your lawsuit regardless of the outcome of the case. In some instances, your case might be heard before the criminal trial.
What is the statute of limitations in Philadelphia?
You have two years from the day of the assault to file your civil complaint. You are advised to file that as quickly as possible.
How Laffey Bucci D’Andrea Reich & Ryan Can Help
The attorneys and support staff at Laffey Bucci D’Andrea Reich & Ryan understand and appreciate the sensitive nature of these types of crimes. We provide you with the opportunity to share your story. We’ll be able to offer you guidance about what you should do next and what challenges you might encounter. Our goal is to become a strong advocate for our clients by providing them with our experience and compassion. You can set up your initial consultation today.