Attorney Taylor Roebig says it’s likely there are other similar cases yet to be pursued.
“Abuse from massage is one of the least talked about assaults, due to the highly personal nature of the crime. It’s important that you retain an experienced law firm that can help you navigate this delicate subject with the sensitivity and tenacity needed to obtain justice.”
If you or a loved one are survivors of sexual assault during a massage, you may be able to take legal action. The law offices of Florin|Roebig have managed many sexual assault cases, and we are ready to provide a free consultation to discuss your case now.
How to Know If Your Massage Involved Sexual Assault
or those who have gone to a massage clinic and were touched inappropriately or sexually harassed by the massage therapist, it is important that you know you are not alone. What happened to you was wrong, and you have legal options.
Unfortunately, massage sexual assault has become a major issue for both men and women. There are no accurate statistics on the exact amount of people who have been sexually abused during a massage session.
However, one civil lawsuit against the major corporation Massage Envy was filed by more than 180 women who claimed they were sexually assaulted during their massages.
Massages often include intimate touching, which may make it difficult to determine whether you were inappropriately touched. It can be difficult for people to understand what happened to them when there’s such a small line between appropriate massage and inappropriate touch.
If you are unsure about what constitutes a sexual assault in the eyes of the law, the following are signs that you may have experienced a sexual assault:
- The massage involved a nonconsensual sexual act
- The massage therapist massaged your sexual parts or touched too closely to those parts, with or without you asking them to stop
- The masseuse forced you to, asked you to, implied, or suggested that you engage in sexual acts with them
- The massage therapist exposed their sexual body parts in front of you
- You were touched in areas that you made clear you did not want to be touched
- The therapist exposed part of your body you did not want to be exposed
- You were penetrated in any way by the massage therapist
Even if you were not sexually assaulted through touching, you may have been sexually harassed if the therapist made unwelcome sexual suggestions or comments during your massage.
If you are unsure about whether or not you experienced sexual assault, it is important that you speak to a police officer, though you can always ask a Florin|Roebig attorney for input. When you ask for an attorney, they can review the details of the assault with you to help you and your case.
5 Steps to Take After The Massage Session
After a sexual assault, you may be feeling a lot of emotions, ranging from angry to sad to vulnerable. To take back your control and to set things in motion for taking action against the massage therapist who violated you, the following are steps you should take:
1. File a report with the massage clinic
The first step you should take is to file a report with the massage clinic detailing sexual misconduct. It is important to be able to document your complaint against the massage therapist as soon as possible.
2. Call local law enforcement and file a police report.
It is very important that you file a police report as soon as you can, as this is necessary and vital for your case. If you aren’t ready to report the incident to a police department immediately after it happens, do it as soon as you are emotionally and mentally ready.
If you are nervous about filing the report alone, you can ask a loved one for support or your Florin|Roebig attorney, who can ensure the police listen to you and proceed at your pace.
3. Notify the Department of Health or State Licensing Agency
It is important to notify the Department of Health in your state or the licensing agency for the massage parlor of inappropriate sexual contact. This will start an investigation, which can help bring the perpetrator to justice and prevent any further sexual assaults.
It is essential that you show you have filed the appropriate complaints to prevent this type of assault from happening to someone else and to strengthen your case.
4. Seek professional help and personal support.
When you experience this type of trauma, it can take a toll on your mental health. It is important that you seek out help as you begin to process what has happened to you.
Counselors and mental health therapists can help you begin the process of healing. Having advocates by your side, including close friends or family members, is also important to your recovery in the weeks and months ahead.
5. Consult a personal injury lawyer like Florin|Roebig.
You may already know that the person who sexually assaulted you can be prosecuted on criminal charges. But you can also start a personal injury claim to seek compensation for the trauma you’ve experienced, and a lawyer can help.
When you contact the law offices of Florin|Roebig, you will be treated with the respect and dignity you deserve. Our attorneys will review your case and give you detailed options.
If you choose to hire our attorneys, we will immediately begin to fight for your case and handle the necessary paperwork and communications on your behalf.
Can I Sue for Sexual Assault During a Massage?
If you experienced sexual assault during massage therapy, you may be able to start a personal injury lawsuit against the perpetrator (the massage therapist). It can be confusing to understand the legal terms if you are not used to them.
Some people confuse the terms civil lawsuit and criminal charges, but here’s what to know about the differences between the two.
Criminal charges may be brought against anyone who commits a criminal act, such as sexual assault or rape. If you report a sexual assault, the state where you live has the power to decide whether to pursue or drop criminal charges.
If the masseuse who assaulted you is charged with sexual assault, they may face jail or prison time, fines, and other legal consequences.
While this outcome takes care of the crime that took place, you deserve compensation for the trauma you endured and still face. After criminal charges are filed, victims of sexual assault are also allowed to pursue civil lawsuits against the perpetrator of the assault and the company.
Sexual assault lawsuits allow victims to pursue their attackers for compensation as a form of restitution — a payment that attempts to account for their pain and suffering.
Florin|Roebig attorney Taylor Roebig has seen similar civil cases that resulted in substantial awards for the victim.
“Our goal in these cases is always to obtain the best possible outcome for our client. But in the case of a massage sexual assault, with such a personal attack on the victim, we take extra steps to pursue all avenues for justice and compensation.”
Plaintiffs in massage sexual assault cases may choose to file a personal injury lawsuit against the massage therapists or the corporation responsible for the sexual abuse.
You can sue the property owners under premises liability, which makes them responsible for injuries and accidents that occur on their property. Property owners are also vulnerable to civil lawsuits if they can be shown to have been neglectful and violating professional standards.
Common Places Where Massages Occur
Massage treatment dates back thousands of years, making massages available in a myriad of locations, from luxury treatment centers to massage therapist offices. 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 the brave victims of sexual assault in massage parlors continue to come forward and share their experiences. Pursuing legal action with an attorney you can trust can make a powerful statement to your perpetrator.
Here are some of the most notable examples of personal injury lawsuits involving sexual assault during a massage session:
- As reported by the Tampa Bay Times, WTSP 10 NewsW, and WFLA Channel 8 NBC, Tommy Roebig and Wil Florin, founding partners of Florin Roebig, won a $47.4 million jury verdict in a Florida lawsuit involving massage therapy sexual battery in Pasco County. Our client, who was only identified as Jane Doe during the trial, was in her thirties and had gone to Essentials Massage and Facial of New Tampa, LLC., in Wesley Chapel for treatment for a prior neck injury. Raul A. Delarosa was the licensed massage therapist assigned to her by Essentials Massage and Facial of New Tampa, LLC. Delarosa sexually violated our client while she was on the table after she had already disrobed and was covered with a blanket for the massage. This judgment may be the largest jury verdict ever given in Pasco County.
- Lawsuits involving Massage Envy Spas. These lawsuits are ongoing. More than 180 women to date have filed lawsuits against the major massage chain, Massage Envy, for sexual misconduct they endured during massage sessions.
- Two women in Sedona, Arizona, were awarded $4.9 million after being sexually assaulted at a Sedona spa.
- Two women sued a Fort Myers, Florida spa in 2019 for sexual misconduct by the spa’s employee.
- One woman was awarded $3.3 million in a civil lawsuit against Massage Heights, a major massage chain, after enduring sexual assault in their Woodlands, Texas location.
- Three women began suing a private massage therapy location in Lancaster, Ohio in 2021 for the sexual assault they experienced.
- Four women sued Massage Luxe for $100 million for the sexual assault they endured from a male massage therapist — who was also convicted for the rape of a Massage Envy client in 2018.
If you have decided to take your attacker to court for a sexual assault lawsuit, it is important to make sure you have an attorney who is willing to fight for your case. The attorneys of Florin|Roebig are not only experienced but take the attorney-client relationship very seriously.
Understanding Liability in Sexual Assault Cases
When you’re considering whether you might sue for sexual assault, you may wonder who can be held liable for the assault — the massage therapist or the massage company.
Unfortunately, finding the answer to this question is complicated. Determining liability in any personal injury case involves negligence, which means that someone had to be negligent or careless for the injury to have happened.
Even though a massage therapy corporation may not have known that you were sexually assaulted during your visit to one of their establishments, it does not necessarily prove they were negligent or careless.
There have been cases in which civil courts ruled that the massage office was not liable for an assault if they followed proper hiring protocols. These protocols include background checks, having safety measures in place, and being unaware that the individual who assaulted you was a risk (i.e., no prior reports of assault).
In other cases, the massage chain where you were sexually abused could be held liable. For example, if you reported the abuse and they failed to address it or take action, this could make them liable. Similarly, if they hired a person who is not licensed to practice in the state, this could be considered negligent hiring practice.
Your law firm has only to prove that the massage business was negligent in some way. This includes the negligence that resulted in the hiring of an unethical or unsafe employee and that this oversight led to your sexual assault.
This is easier said than done, which is why it’s best to work with a massage sexual assault lawyer for your claim. For a free case consultation and evaluation with an experienced attorney, get in touch with the Law Offices of Florin|Roebig today.
Statute of Limitations for Sexual Assault Claims
There is a limit to the amount of time you have to file a personal injury claim, including sexual assault claims. This time limit is known as a statute of limitations, and it is a very strict deadline that cannot be moved.
In the state of Florida, you generally have four years from the date of the assault to file a claim against the person who assaulted you. The clock on the statute of limitations begins to tick as soon as the assault happens, so it is important to report the assault as soon as possible.
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. The statute of limitations for sexual assault criminal charges in Florida is generally four years but can range up to 10 years.
While it may seem like a lot of time, remember that a defendant’s lawyers will do everything in their power to protect their client’s interests. This includes using tactics to delay the filing of the claim or attempting to have it thrown out before it reaches trial.
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 pay you (compensate) for a specific expense, while punitive damages are meant to punish the offender.
Common compensatory damages named in sexual assault cases include:
- Medical costs, including hospital visit expenses, therapy or counseling sessions to help heal from trauma, and any ongoing medical treatment related to sexual injuries
- Lost wages due to missing work from anxiety over the assault, emotional anguish, or enduring pain and suffering
- Disruption to quality of life, which may occur if the event traumatizes you in a way that affects other areas of work. For example, if the massage therapist was a male and, after being sexually assaulted, the assault victim can no longer be alone with any male.
Punitive damages are rarely awarded but may be given to victims when the court system wants to deter the defendant from making the same mistake again.
For instance, if a massage corporation was negligent during hiring, and this led to multiple sexual assaults, a judge may award punitive damages to ensure the massage company does not allow such mistakes or oversights to happen again.
We Are Nationally Awarded Lawyers
Find A Trusted Massage Sexual Assault Lawyer Today
If you or someone you know were a victim of sexual assault during a massage, you may be able to pursue compensation from the massage company or the massage therapist. Sexual assault lawyers can help determine who is liable, provide legal advice during your case, and more.
The Florin|Roebig law firm has handled multiple sexual assault cases, working with the utmost care to allay all our clients’ concerns, build a strong case, and reach a fair settlement offer.
We won’t rest until we have a solid foundation for your claim, and we’ll ensure you stay updated along the way.
With many positive client testimonials, find out what our law firm can do for you today. Call the phone number listed above or fill out the contact form now to get started on your case.
Frequently Asked Questions
The following are questions that have also been asked by people in this situation.
What is considered an inappropriate massage?
An inappropriate massage involves groping or fondling, touching without consent, feeling pressured to remove more clothes than you are comfortable with, verbal and physical gestures that are sexual in nature, asking you to touch them in the sexual regions of their body, and anything said or done by your massage therapist that feels like a violation.
What is a red flag in massage?
If your massage therapist asks personal questions about your sexual or love life, contacts you for reasons other than business, or overshares details of their personal lives, these could be warning signs. If there are long periods during your massage where you cannot see what they are doing with their hands, or the masseuse asks to take your photo or record you, you should be alarmed.
Do massage therapists do inner thigh massages?
There are some muscles on the inside of the thigh that do need to be included in a massage. However, your massage therapist should never come within a few inches of your genitals.
Is Nuru massage legal in the USA?
As long as massage does not include sexual contact or sexual acts, it is considered legal. This means any type of massage that has a “happy ending” is illegal.
What parts of the body should not be massaged?
The genitalia and sexual regions of the male and female body should not be touched or massaged during a massage session.
