Hundreds of thousands of people nationwide are impacted by sexual violence annually, with someone sexually assaulted every 68 seconds, according to RAINN (Rape, Abuse & Incest National Network). However, more than two-thirds of sexual assaults go unreported, which is especially true for sexual abuse during massage due to the highly personal and intimate nature of the crime.
If you or a loved one is a survivor of sexual assault during a massage, you may be able to take legal action. These cases require specialized legal expertise due to their sensitive nature and the unique challenges they present, including privacy concerns. At Florin|Roebig, we’ve managed many sexual assault cases with compassion and competence. We provide a free consultation to discuss your case, so you understand your options.
How to Know if Your Massage Involved Sexual Assault
According to a 2024 review by the Utah Department of Commerce, about one-third to one-half of massage therapy malpractice claims nationwide resulted from sexual misconduct over a 10-year span. Among all professions regulated by the Division of Professional Licensing, massage therapy receives the largest volume of sexual misconduct complaints.
If you’ve been inappropriately touched or sexually harassed during a massage, know that you’re not alone. What happened to you was wrong, and you have legal options.
A Growing Problem
Massage sexual assault has become a significant issue affecting both men and women. The scope of the problem is evident in major lawsuits, including a civil case against Massage Envy, the largest massage franchise in the nation, filed by more than 180 women who claimed they were sexually assaulted during their massages. Reports indicated that franchise owners and managers had mishandled or even ignored many of the complaints.
When Therapeutic Touch Crosses the Line
The intimate nature of massage therapy can make it difficult to recognize when appropriate treatment becomes inappropriate touching and assault. However, certain behaviors are clear violations that constitute sexual assault or harassment.
You may have experienced sexual assault if:
- Sexual acts were performed on you or you were forced to perform them.
- You were penetrated in any way.
- You were touched on or near intimate areas of your body with or without you asking them to stop and without a clearly explained medical reason.
- The therapist exposed their body or made you touch them.
- Areas you specifically said were off-limits were touched anyway.
- Your body was exposed beyond what was necessary for the massage.
You may have experienced sexual harassment if:
- The therapist made unwelcome sexual comments or suggestions.
- Sexual acts were implied or requested.
- The conversation became inappropriately personal or sexual in nature.
What to Do Next
If you’re uncertain whether what happened constitutes assault, trust your instincts. Consider speaking with law enforcement or contacting our experienced attorneys at Florin|Roebig for a confidential consultation. We can help you understand your legal options and determine the best path forward.
5 Steps to Take After The Massage Session
After experiencing sexual assault, you may feel overwhelmed by emotions ranging from anger to vulnerability. While healing is your priority, taking these steps protects your legal rights and can help you regain control by taking action against the massage therapist who violated you:
1. Report it to the massage clinic. Document the sexual misconduct with the massage clinic or spa as soon as possible. Make an official complaint detailing what happened, which creates a vital record and may prevent the same therapist from harming others.
2. File a police report. Contact local law enforcement to file an official report. While this can feel daunting, it’s crucial for both criminal prosecution and your civil case. If you’re not ready immediately, file when you feel emotionally prepared. You don’t have to go alone. Bring a trusted friend or family member for support or ask your attorney to accompany you.
3. Notify state licensing authorities. Contact your state’s Department of Health or professional licensing board to report the misconduct. This report triggers an investigation that can result in the therapist losing their license, which helps prevent additional sexual assaults from happening to others. It also helps establish a pattern if other complaints exist and strengthens your case.
4. Seek professional and personal support. Sexual assault is traumatic and can significantly impact your mental health. Consider speaking with a counselor or therapist who specializes in trauma to begin processing what happened to you. Lean on trusted friends and family members to help you through the healing process. Your well-being comes first.
5. Consult an experienced personal injury lawyer. While prosecutors may pursue criminal charges, you also have the right to seek compensation through a civil lawsuit. An experienced sexual assault attorney can help you understand your options and start a personal injury claim to seek compensation for the trauma you’ve experienced.
How Florin|Roebig Can Help
When you contact our law offices, you’ll be treated with dignity and compassion. We’ll review your case thoroughly, explain your options clearly and handle all legal communications on your behalf. Our focus is on getting you the justice and compensation you deserve while allowing you to focus on healing.
Can I Sue for Sexual Assault During a Massage?
If you experienced sexual assault during massage therapy, you may have grounds for a personal injury lawsuit against both the perpetrator (the massage therapist) and potentially the business where it occurred. Understanding your legal options can be confusing, especially when dealing with the trauma of what happened to you.
Understanding Criminal vs. Civil Cases
Many people confuse criminal charges with civil lawsuits, but they serve different purposes and follow separate legal processes.
Criminal charges against someone who commits a crime like sexual assault or rape may be brought by the state where the crime occurred. If you report the sexual assault, prosecutors decide whether to pursue criminal charges, which could result in prison time, fines or other penalties and legal consequences for the massage therapist.
However, criminal cases focus on punishment, not compensation for victims. While seeing your attacker face criminal consequences is important, it doesn’t address the financial and emotional damages you’ve suffered. This is where civil lawsuits come in.
A civil lawsuit allows you to seek financial compensation for the trauma, medical expenses, lost wages and ongoing psychological impact of the sexual assault. These lawsuits serve as a form of restitution to the victim(s), with the payment accounting for their pain and suffering.
Unlike criminal cases, civil lawsuits are entirely under your control. You decide whether to file and you can pursue compensation regardless of whether criminal charges are filed.
Who Can Be Held Liable
In massage sexual assault cases, you may have claims against multiple parties. Obviously, the massage therapist who assaulted you can be sued directly. However, you may also have a strong personal injury case against the massage business itself under several legal theories.
Property owners can be held liable under premises liability laws, which make them responsible for ensuring customer safety on their property. Additionally, businesses may face liability if they failed to screen employees properly, ignored previous complaints or violated professional standards that could have prevented the assault.
Common Places Where Massages Occur
Massage treatment dates back thousands of years, making massages available in many locations. Unfortunately, sexual assault during massage can happen in any setting where massage therapy occurs, regardless of how professional or reputable a facility may appear.
Here are some of the most common places where people can get a massage:
- Luxury spas
- Private massage offices
- At home, from a traveling massage therapist
- Hotels or resorts
- On cruise ships
- At a doctor’s office or through medical massage providers
- During a physical therapy session
- At a gym or health club
- At a hair or nail salon
- Massage therapy chains or corporation locations
- During a chiropractic visit
- At a hospital (medical massage)
- For an alternative therapy session
Our Featured Case Results
Massage Sex Assault Lawsuit Examples
Favorable outcomes are becoming more common as brave victims of sexual assault at massage facilities continue to come forward, share their experiences and pursue justice. Taking legal action with an experienced attorney sends a powerful message that this behavior won’t be tolerated and helps protect future victims.
Here are some of the most notable examples of personal injury lawsuits involving sexual assault during a massage session:
- $47.4 Million Pasco County Verdict: As reported by the Tampa Bay Times, WTSP 10 News and WFLA Channel 8 NBC, Florin|Roebig founding partners Tommy Roebig and Wil Florin secured a $47.4 million jury verdict in a Florida massage therapy sexual battery case in Pasco County. Our client, identified as Jane Doe during the trial, visited Essentials Massage and Facial of New Tampa, LLC., in Wesley Chapel for treatment on a prior neck injury. The business assigned licensed massage therapist Raul A. Delarosa to her. Delarosa sexually violated our client during the session. This judgment may be the largest jury verdict ever awarded in Pasco County.
- Massage Envy Class Action: More than 180 women have filed lawsuits against the major massage chain Massage Envy for sexual misconduct they endured during massage sessions at various locations nationwide. These lawsuits are ongoing.
- $4.9 Million Sedona Spa Award: Two women received a $4.9 million judgment after being sexually assaulted at a spa in Sedona, Arizona.
- $3.3 Million Massage Heights Verdict: One woman was awarded $3.3 million in a civil lawsuit against Massage Heights, a major massage chain, after experiencing sexual assault at their Woodlands, Texas location.
- $100 Million Massage Luxe Lawsuit: Four women sued Massage Luxe for $100 million after being sexually assaulted by a male massage therapist who was also convicted for raping a Massage Envy client in 2018.
- Additional Notable Cases – Two women sued a Fort Myers, Florida spa in 2019 for sexual misconduct by an employee, and three women filed suit against a private massage therapy location in Lancaster, Ohio, in 2021, for the sexual assault they experienced.
Getting the Justice You Deserve
These successful cases demonstrate that courts take massage sexual assault seriously and are willing to award substantial compensation to victims. If you’re considering legal action, having an experienced attorney who understands these complex cases is crucial for a positive outcome.
Our experienced sexual assault attorneys at Florin|Roebig prioritize our clients and take their claims seriously, building a strong attorney-client relationship you can trust. We fight to ensure you receive the justice you deserve.
Understanding Liability in Sexual Assault Cases
When considering a sexual assault lawsuit, you may wonder who can be held legally responsible—the individual massage therapist, the business or both. The answer depends on the specific circumstances of your case and requires careful legal analysis.
How Liability Is Determined
Determining liability in sexual assault cases involves proving negligence, meaning someone had to be careless and failed to meet their duty of care in a way that contributed to the assault. While the massage therapist who committed the assault is clearly at fault, establishing business liability requires demonstrating that the company was negligent in some way.
When Businesses May Not Be Liable
Courts have sometimes ruled that massage businesses weren’t liable when they could demonstrate they followed proper protocols. These protocols might include conducting thorough background checks, implementing appropriate safety measures and having no prior knowledge that the employee posed a risk to clients.
When Businesses Can Be Held Liable
Massage businesses can be held responsible in several situations, including:
- Negligent Hiring: Failing to conduct proper background checks or hiring unlicensed therapists.
- Ignoring Complaints: Receiving reports of inappropriate behavior but failing to investigate or take action.
- Inadequate Supervision: Not implementing proper oversight or safety protocols.
- Pattern of Misconduct: Knowing about previous incidents but allowing the employee to continue working.
Why Legal Expertise Matters
Proving business negligence in sexual assault cases requires extensive investigation and in-depth knowledge within these complex claims. An experienced massage sexual assault lawyer can identify all potential sources of liability and build the strongest possible case for maximum compensation. Reach out to the Law Offices of Florin|Roebig for a free case consultation and evaluation to review your options today.
Statute of Limitations for Sexual Assault Claims
There’s a strict time limit for filing personal injury claims, including sexual assault cases, known as the statute of limitations. This deadline can’t be extended, making it crucial to act promptly after an assault occurs.
For example, in Florida, you generally have four years from the date of the assault to file a civil claim against the person who assaulted you. The clock on the statute of limitations begins ticking as soon as the assault happens, so reporting the incident and consulting with an attorney as quickly as possible is crucial.
Disclaimer: This timeline differs from the statute of limitations for filing criminal charges for statutory rape in Florida, which is based on details related to the crime. Criminal charges for sexual assault in Florida generally must be filed within four years but can extend up to 10 years based on specific circumstances.
While four years may seem like ample time, remember that defense attorneys will use every available tactic to protect their clients, including attempts to delay filing the claim or have cases dismissed before reaching trial. Don’t let time work against you. The sooner you begin building your case, the stronger it will be.
Types of Damages Awarded in Sexual Assault Cases
Men and women who were sexually assaulted during a massage therapy session may be awarded either compensatory or punitive damages. Compensatory damages reimburse you for specific losses or expenses, while punitive damages are meant to punish the offender and deter future misconduct.
Common compensatory damages in sexual assault cases include:
- Medical Expenses: Hospital visits, ongoing therapy or counseling sessions and any future medical care related to physical or psychological injuries from the assault.
- Lost Income: Wages lost due to missed work from trauma, anxiety, depression or physical injuries resulting from the assault.
- Pain and Suffering: Compensation for enduring physical pain, emotional distress, mental anguish and psychological impact of the assault.
- Loss of Quality of Life: When the trauma significantly affects your ability to engage in normal activities, relationships or work.
Punitive Damages
Punitive damages are less common and rarely awarded but may be given when the court wants to send a strong message and deter the defendant from making the same mistake again.
For example, if a massage business was grossly negligent in hiring practices and this negligence led to multiple assaults, a judge might award punitive damages to ensure the company implements proper safeguards to prevent future incidents.
We Are Nationally Awarded Lawyers
Find A Trusted Massage Sexual Assault Lawyer Today
If you or someone you know was sexually assaulted during a massage, you don’t have to face this alone. You may be entitled to significant compensation from both the massage therapist and the massage business where the assault occurred. An experienced sexual assault lawyer can help identify who is liable, provide legal advice throughout your case and protect your rights.
The attorneys at Florin|Roebig have successfully handled numerous sexual assault cases, including securing a $47.4 million verdict in a massage therapy assault case. We understand the sensitive nature of these claims and work with the utmost care and discretion to build the strongest possible case while supporting you through every step of the legal process.
Why Choose Florin|Roebig:
- Proven track record with record-breaking verdicts
- Compassionate, confidential representation
- No fees unless we win your case
- Free, no-obligation consultation
We’re committed to fighting tirelessly for your case and keeping you informed throughout the entire process. You’ve already shown incredible courage by considering legal action. Let us handle the legal complexities while you focus on healing.
Take the first step toward obtaining justice today. Call the number listed above or fill out our confidential contact form to schedule your free consultation to get started on your case.
FAQs About Massage and Sexual Assault
What is considered an inappropriate massage?
An inappropriate massage involves any unwelcome sexual contact, such as groping, fondling or touching your genitals, breasts or buttocks in any way without your consent; feeling pressured or requiring you to remove more clothing than necessary for the treatment; making sexual comments or gestures; asking you to touch the therapist inappropriately; or any behavior that makes you feel violated or uncomfortable. Trust your instincts. If something feels wrong, it probably is.
What is a red flag in massage?
Warning signs in massage include asking personal questions about your sex life or relationships; contacting you for reasons outside of business purposes; sharing inappropriate details about their personal life; positioning themselves so you can’t see their hands during treatment; requesting to photograph or record you; working in areas you’ve said are off-limits; or creating an unprofessional atmosphere through suggestive music or other inappropriate behavior.
Do massage therapists do inner thigh massages?
Licensed massage therapists may work on inner thigh muscles as part of legitimate therapeutic treatment, but they should always maintain professional boundaries. They must stay several inches away from genital areas, explain what they’re doing beforehand and obtain your consent before working on sensitive areas. You have the right to decline treatment of any area.
What parts of the body should not be massaged?
Professional massage therapists should never touch or massage the genitals, breasts (except in specific medical massage situations with explicit consent) or buttocks. The anal area should also never be touched. Any contact in these areas without clear medical necessity and your explicit consent constitutes inappropriate touching.
How can I tell if a massage business is legitimate?
Legitimate massage establishments have proper licensing displayed, maintain professional environments, provide proper draping procedures, employ licensed therapists and never advertise or offer sexual services. Be wary of businesses advertising “full service” massages, operating from suspicious locations, or having unprofessional websites.
