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Compensation for Victims of Sexual Assault During Massage Therapy
A massage therapist sexual abuse lawyer from our team will hold therapists and spas accountable for inappropriate touching or sexual advances during massage sessions. As fierce victim advocates, we will guide you through the legal system and ensure you receive justice. Contact our experienced attorneys today to begin the healing process.
Settlements Recovered by Our Law Firm
- $21,000,000 sexual abuse settlement for failure to properly screen employees
- $15,000,000 for teenagers groomed by a private coach
- $5,000,000 for two men abused by a therapist
Why Choose Injury Lawyer Team for Your Case
Injury Lawyer Team’s compassionate sexual abuse lawyers advocate for victims nationwide, ensuring that negligent people and institutions are held liable. Our attorneys have a proven track record of success in sexual abuse lawsuits thanks to our trauma-informed representation and decades of legal experience.
Everything you share with our team is confidential, giving you the confidence necessary to share your story. You can be assured of a thorough investigation and aggressive negotiation to get you the highest possible compensation.
What Is Considered Sexual Misconduct by a Massage Therapist?
Sexual misconduct by a massage therapist includes any inappropriate sexual behavior during a professional session, such as unwanted touching of intimate areas, making sexually suggestive comments, exposing themselves, or pressuring a client for sexual contact. It violates professional boundaries, ethical standards, and often state laws governing massage therapy.
Massage therapists are required to maintain professional standards set by the National Certification Board for Therapeutic Massage & Bodywork.
These include maintaining confidentiality, developing treatment plans that are in the client’s best interests, and protecting the client’s privacy and comfort. One of the most important standards is to acknowledge the power imbalance and not to exploit this for personal gain, including sexual gratification.
Recognizing Warning Signs of Massage Therapist Sexual Assault
While a massage session should be a pleasant experience, clients should be alert for anything that feels wrong or makes them uncomfortable. Some common signs of potential massage therapist sexual abuse include the following.
- Poor Reviews: Read reviews ahead of time to see whether other clients have expressed discomfort with the massage therapist, such as mentioning inappropriate touching or sexualized comments.
- Overstepping Professional Boundaries: The therapist should not initiate contact with you for any reason except to coordinate appointments.
- Inappropriate Behavior: According to professional standards, the massage therapist should use draping to cover sensitive areas. There is never a reason for a client to be fully naked during a session.
- Inappropriate Comments: Professional massage therapists will never discuss your body in a sexualized manner, instead asking things like whether you suffer from chronic pain and what body parts you may not want touched.
- Massaging Areas Like the Breasts or Genitals: There are only a few reasons why a massage therapist would need to touch these areas, like post-mastectomy massage or prenatal massage. Otherwise, they should be off-limits.
- Ignoring Client Preferences: Your therapist should ask what parts you’d like to focus on and avoid anywhere that you don’t want to be touched. If they ignore this, or you feel uncomfortable with the way they touch you, this should be respected.
Most Common Consequences of Massage Therapist Sexual Abuse
Common effects among those who have been sexually assaulted include:
- Withdrawing from friends and family members
- Feeling uncomfortable in one’s body
- Mental health challenges like PTSD, anxiety, or depression
- Guilt, shame, and denial
- Localized or widespread body pain
- Physical injuries like bruising, swelling, or tearing
- Difficulty trusting others
How Incidents of Massage Therapist Sexual Abuse Happen
Thousands of people have experienced sexual abuse during a massage therapy session because of the intimate nature of the experience.
Like other professions, massage therapists are in a position of power over those they treat. Getting a massage can make people feel vulnerable, which unethical therapists may use to commit sexual abuse.
Therapists who are unable to maintain professional boundaries may engage in inappropriate behavior due to countertransference, which is when the therapist projects their own feelings or experiences onto the person they are treating. In this instance, they may perpetrate sexual misconduct by discussing intimate topics, flirting, or seeking emotional support from the client.
Massage Therapy Sexual Assault Statistics
Sexual abuse by massage therapists is an underexplored topic. According to Ben E. Benjamin, there are likely at least 1,000 assaults per year by bodyworkers and massage therapists. In 2017, Buzzfeed reported that at least 180 women had been sexually assaulted at Massage Envy, a popular massage chain.
To illustrate the scope of the problem, Ben E. Benjamin reported on the Attention Button, a silent panic button that massage therapists can install under their tables. Introducing the Attention Button reduced complaints of sexual misconduct by 91% at the studied locations.
Liability in a Massage Sexual Abuse Case
Our massage therapist sexual abuse lawyers will help you hold all the responsible parties accountable. This can include some of the following groups.
- Massage Therapist: The perpetrator is typically the primary defendant in a sexual abuse case. They can be held liable for breach of fiduciary duty, meaning that they failed to act in a client’s best interest (29 U.S. Code § 1109).
- Massage Parlor: Spas and parlors are responsible for any harm done during a massage session, called vicarious liability. They may also be held responsible for negligent hiring or supervising that allowed this to happen.
- Massage Schools: If the inappropriate touching occurred with a trainee, the school can be liable for negligent training or supervision.
- Licensing Boards: Any complaint about inappropriate behavior should be immediately investigated by the state regulatory board. If they fail to follow up, then they can be held responsible.
- Contractors and Third Parties: Those who were aware of the abuse but took no action can also be held accountable.
What to Do If You Were Sexually Assaulted by a Massage Therapist
You must act quickly if you were sexually assaulted at a massage parlor. Follow these steps as soon as possible.
- Seek Medical Attention: Sexual Assault Nurse Examiner (SANE) nurses are specially trained to provide trauma-informed medical care, as well as gather physical evidence. Go to the closest hospital and inform them that you were sexually abused.
- Call the Police: The hospital will help you speak to the police about what happened. Be as specific as possible, including dates, times, locations, and people who may have seen what happened.
- Prioritize Self-Care: Sexual abuse can be a very traumatic experience. Consult a trusted therapist and share your story with family members who can support you.
- Collect Evidence: Strong evidence is essential to getting legal recourse. Gather information like your therapy appointment confirmation, any messages from the massage therapist, and a list of suggestive comments or behaviors.
- Keep Track of Your Bills: Document expenses like medical attention, mental health, and emotional distress treatment.
- Document Recovery: Narratives about your emotional trauma can be key evidence. Write about how experiencing sexual abuse has impacted your life.
- Do Not Sign Anything Without Your Attorney: Insurance companies may try to get you to waive your legal rights.
- Contact Experienced Attorneys: We will protect your rights and help you seek justice for inappropriate behavior by massage therapists.
How to Prove a Massage Therapist Sexual Abuse Case
Strong evidence is key in a sexual abuse case. Some information that can be used to prove you experienced sexual abuse includes:
- Medical records
- Forensic evidence
- Communications between the victim and the massage therapist
- Social media posts
- Diary entries and personal testimony
- Recordings
- Witness testimony
There are federal regulations about what is and is not admissible in a civil sexual abuse trial. In most cases, attorneys cannot submit evidence about a victim’s sexual proclivities or other sexual behavior (Rule 412). Our team will protect your legal rights by ensuring that your personal life is not held against you.
Through our connections, our experienced attorneys can also help you find expert witnesses, like therapists and psychologists, who can attest to the devastating impact of sexual abuse.
Your Legal Options After Massage Therapist Sexual Assault
If you have experienced sexual abuse, you can pursue both a criminal and a civil trial, as the two are separate legal processes.
A criminal trial is meant to punish the perpetrator for sexual abuse through fines, jail time, or registration as a sex offender. It has a high burden of proof, meaning that criminal prosecutors must demonstrate beyond a reasonable doubt that the massage therapist sexually assaulted you.
In contrast, a civil trial is meant to provide monetary compensation for the harm done by massage therapy sexual abuse. These trials require a preponderance of evidence, meaning that it is more likely than not that you experienced sexual abuse. Our sexual abuse attorneys are experts in this facet of personal injury and can assist you with the entire legal process.
Damages You Can Recover in a Civil Lawsuit
You may receive both economic and non-economic damages that compensate you for different aspects of this experience. Some common damages include:
- Medical expenses
- Out-of-pocket costs like therapy
- Property damage
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
Some jurisdictions also allow for punitive damages meant to punish the perpetrator.
Average Settlement for Massage Therapist Sexual Abuse
There is no standard settlement in a sexual abuse case, as it depends on factors like the strength of the evidence, the severity of the abuse, and the damages you suffered. Settlements range between $125,000 and $10,016,600, with the average at around $1,643,990.
Below are some notable cases that illustrate how different circumstances can significantly influence the outcome:
- A woman sued Massage Envy and its therapist, Kevin Bradshaw, for sexual assault during a 2007 massage session in San Mateo, CA. Bradshaw, previously convicted for similar offenses, allegedly groped and touched her inappropriately without consent. Despite prior complaints, he was later hired at another spa. The plaintiff reported lasting emotional distress. The case settled pre-trial for $200,000.
- Two women sued a Houston-area Massage Envy franchise after being sexually assaulted by therapist Jose Franco in July 2022. Despite prior complaints, Franco was retrained instead of terminated. One victim contracted HSV-1 from the assault. The case settled for $1 million—the franchise’s insurance limit.
- Twelve plaintiffs sued Massage Envy and therapist Nathan Samuel for repeated sexual abuse between 2019–2022. Despite prior complaints, he remained employed. The jury awarded over $10 million in damages, including emotional distress, future care, and punitive damages.
Fighting the Insurance Company in a Sexual Abuse Claim
Massage therapy insurance companies do not want to pay their fair share for a sexual abuse case, and so they will do everything possible to diminish your claim. They may state that the physical evidence does not support your claim, that the inappropriate comments were misinterpreted, or that there is no proof of inappropriate touching.
Our compassionate attorneys are highly familiar with these tactics and can successfully counter them, ensuring that you receive justice for the harm done to you. We will work diligently to secure maximum compensation while safeguarding your privacy and communicating with third parties on your behalf.
Statutes of Limitations for Sexual Assault Cases
The statutes of limitations vary by jurisdiction. In many states, the statute of limitations for a personal injury case is just two or three years. However, some states have significantly expanded the statute of limitations for sexual abuse survivors, recognizing the difficulty many have in sharing their stories.
There may also be different statutes of limitations for child sexual abuse. It’s crucial to talk to a massage therapist sexual abuse attorney as soon as possible so that we can review the pertinent statute of limitations in your case.
Resources and Support for Survivors of Massage Therapist Abuse
Being abused by a massage therapist can have devastating psychological consequences, but help is available. The Rape, Abuse, and Incest National Network has a 24/7 toll-free hotline and messaging service where you can receive advice and support. Call 800-656-4673 to receive immediate help.
The National Sexual Violence Resource Center provides resources for survivors, loved ones, and practitioners who want to provide trauma-informed care. They maintain a list of local partners in every state that you can connect with for more personalized support.
Sharing your experiences with other survivors can be a powerful way to heal. Sexual Assault Support Services can help you find local support groups. You can also call their hotline at 1-844-404-7700 for 24/7 support.
FAQs
Is it possible to sue a massage spa for sexual misconduct?
Yes, you can sue a massage spa for sexual misconduct by a massage therapist. Massage establishments are strictly liable for misconduct by their employees. A civil case against a massage parlor would fall under negligent hiring, supervising, or training. Claims against national chains have been reported against: Massage Envy, Hand and Stone, Massage LuXe, Massage Heights and Elements Massage.
Can you sue a massage therapist for abuse?
Yes, you can sue the perpetrator. If a massage therapy practitioner has abused you, we can help you get justice in a civil trial.
Can you sue if you didn’t file a report with local law enforcement?
Civil and criminal trials are separate processes. While filing a report with local law enforcement can be powerful evidence in a civil trial, it’s not necessary to move forward with your case.
What steps should you take after inappropriate conduct during a massage session?
Your primary focus should be on your immediate physical and emotional safety. Get to a safe space and call the police to report the assault, then visit the hospital for a forensic exam. Once you have gotten treatment, call the Injury Lawyer Team for a free consultation about your legal rights.
Which type of attorney should you contact for a sexual abuse claim?
A personal injury attorney can help you file a lawsuit against the perpetrator and other liable parties, such as the massage parlor or licensing board. We possess the skills and experience necessary to thoroughly investigate your case, apply the relevant laws, and represent you effectively during negotiations.
Get Started with the Legal Process Today!
The Injury Lawyer Team is firmly committed to getting justice for all survivors, including those harmed by massage therapists.
Our trauma-informed attorneys protect clients from manipulative insurance tactics, aggressively negotiate for the highest possible compensation, and represent survivors at trial. We have a proven track record of success in these cases and work on a contingency fee basis, meaning you owe us nothing unless we earn you compensation.
To schedule your free consultation, call us at 866-757-6452 or use our online form.
