If you or someone you love has experienced sexual assault during a massage, you may have legal recourse. The law offices of Florin|Roebig have represented numerous sexual assault cases and are ready to provide a free consultation to discuss your situation.
Florin|Roebig successfully secured a jury verdict of $47.4 million in a sexual battery case involving massage therapy, marking it as the highest contested jury verdict ever awarded in Pasco County, Florida.
Attorney Taylor Roebig noted that similar cases are likely yet to emerge. “Due to the intimacy and vulnerability associated with receiving a massage, instances of abuse often go unreported,” said Roebig. “It’s crucial to have a knowledgeable law firm to assist in navigating this sensitive issue with the necessary compassion and determination to achieve justice.”
How to Know If Your Massage Involved Sexual Assault
For anyone who may have gone to a massage clinic and was then touched inappropriately or sexually harassed by the massage therapist, you must understand you are not alone. What occurred to you was not okay, and you have legal options.
Unfortunately, massage sexual assault has become a significant problem for both men and women. There are no precise statistics on the actual number of people who have been sexually abused while in a massage session.
However, one civil lawsuit against the company Massage Envy was filed by more than 180 women who claimed they were sexually assaulted while in a massage session.
Massages often involve intimate touching, which may make it challenging to discern whether you were improperly touched. It can be hard for people to know what occurred to them when there is such a thin line between appropriate massage and inappropriate touch.
If you are uncertain about what includes sexual assault in the eyes of the law, the following are indications 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 near to those parts, with or without you asking them to stop.
- The masseuse pushed you to, asked you to, hinted, or suggested that you participate in sexual acts with them.
- The massage therapist revealed their sexual body parts in front of you.
- You were handled in areas that you made clear you did not want to be touched.
- The therapist revealed part of your body you did not want to be revealed.
- 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 unwanted sexual propositions or statements during your massage.
5 Steps to Take After The Massage Session
When a sexual assault occurs, you may be feeling a lot of emotions, ranging from anger to sadness to vulnerability. To take back your control and take action against the massage therapist who assaulted you, the following are steps you should take:
1. File a report with the massage clinic
The very first thing you need to do is to file a report with the massage clinic describing the sexual misconduct. It is crucial to be able to record your complaint against the massage therapist as soon as possible.
2. Call local law enforcement and file a police report.
You must file a police report as quickly as possible, which is vital for your case. If you are not prepared to report the incident to a police department directly after it happens, do it as soon as you are emotionally and mentally ready.
3. Notify the Department of Health or State Licensing Agency
It is essential to inform the Department of Health in your state or the licensing agency for the massage parlor of improper sexual contact. This will initiate an investigation, which can assist in bringing the perpetrator to justice and stop any further sexual assaults.
You must demonstrate you have filed the appropriate complaints to stop this type of assault from occurring to someone else and to support your case.
4. Seek professional help and personal support.
When you encounter this type of trauma, it can take a toll on your mental health. It is essential that you pursue help as you start to process what has happened to you.
Therapists and mental health counselors can assist you in beginning the healing process. Having advocates by your side, including close friends or family members, is also vital to your recovery in the weeks and months ahead.
5. Consult a personal injury lawyer like Florin|Roebig.
You may understand that the person who sexually assaulted you can be indicted on criminal charges. However, you can also begin a personal injury claim to seek compensation for the trauma you have experienced, and an attorney can help.
When you call the law offices of Florin|Roebig, you will be treated with the respect and dignity you deserve. Our lawyers will study your case and give you detailed options.
Can I Sue for Sexual Assault During a Massage in Florida?
If you were sexually assaulted during massage therapy in Florida, you may be able to initiate a personal injury lawsuit against the perpetrator (the massage therapist). It can be difficult to understand the legal terminology if you are unfamiliar with them.
Some people mix up the terms civil lawsuit and criminal charges, but here is what you should know about the differences between the two. Criminal charges may be filed against anyone who engages in a criminal act, such as rape or sexual assault.
If you document a sexual assault, the state where you live, in this case, Florida, has the authority to determine whether to pursue or drop criminal charges. If the massage therapist who assaulted you is charged with sexual assault, they could face jail or prison time, fines, and other legal impacts.
Florida statute 480.0485 specifically addresses sexual misconduct in the practice of massage therapy, stating that, “Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of massage therapy is prohibited.”
Sexual assault lawsuits enable victims to seek compensation from their attackers as a type of restitution — a type of payment that tries to account for their pain and suffering.
Florin|Roebig lawyer Taylor Roebig has seen similar civil cases that resulted in significant awards for the sexual assault victim. Roebig says, “Our objective in these cases is always to obtain the greatest possible result for our client. But in the case of sexual assault conducted in a massage session, with such an intimate attack on the victim, we take extra steps to seek all roads for justice and recompense.”
Property owners are also vulnerable to civil lawsuits if they are proven to have been negligent or violated professional standards.
Common Places Where Massage Assaults Occur
Massage therapy has been practiced for thousands of years, making massages obtainable in various locations, from extravagant treatment centers to massage therapist offices. The following are some of the most typical places where people can get a massage:
- During a physical therapy session
- Private massage offices
- At home, from a traveling massage therapist
- At a hospital (medical massage)
- On cruise ships
- Luxury spas
- At a doctor’s office or through medical massage providers
- At a gym or health club
- Hotels or resorts
- At a hair or nail salon
- Massage therapy chains or corporation locations
- During a chiropractic visit
- For an alternative therapy session
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Understanding Liability in Sexual Assault Cases
When you are thinking about whether you may want to sue for sexual assault, you might wonder who can be held liable for the assault — the massage therapist or the massage company.
Sadly, discovering the answer to this question is difficult. Deciding liability in any personal injury case includes determining negligence, meaning that somebody had to act negligently or carelessly for the injury to occur.
Even though a massage therapy business may not have been aware that you were sexually assaulted while you were visiting one of their locations, it does not necessarily confirm they were negligent.
There have been situations in which civil courts judged that the massage company was not liable for an assault if they observed proper hiring protocols. These protocols include checking all backgrounds, maintaining safety measures, and being ignorant of the fact that the person who assaulted you was a danger (i.e., no prior reports of assault).
In other circumstances, the headquarters of the chain of massage locations where you were sexually abused could be held liable. For instance, if you documented the assault and they failed to handle it or take action, this could make them liable. Likewise, if they employed an individual not authorized to practice in the state, this could be deemed negligent hiring practice.
Your law firm has only to demonstrate that the massage company was negligent somehow. This comprises the negligence that resulted in the hiring of an unscrupulous or dangerous employee and that this oversight led to your sexual assault.
This is easier said than done, which is why it is most beneficial to work with a massage sexual assault lawyer for your personal injury claim. For a free case consultation and evaluation with an adept lawyer, contact the Law Offices of Florin|Roebig today.
Florida Statute of Limitations for Sexual Assault Claims
There is a time limit to file a personal injury claim, which includes sexual assault claims. This time limit is the statute of limitations and is a very rigid deadline that cannot be moved.
In the state of Florida, you typically have four years, depending on the type of assault, from the occurrence of the assault to file a claim against the person who attacked you. The clock on the statute of limitations starts ticking as soon as the assault occurs, so reporting it as quickly as possible is essential.
Although it may seem like a long time, remember that a defendant’s attorneys will do everything they can to protect their client’s interests. This includes using tactics to postpone the claim filing or attempting to have it thrown out before it reaches trial.
Types of Damages Awarded in Sexual Assault Cases
Good outcomes are becoming more common as the brave victims of sexual assault in massage parlors keep coming forward and sharing their experiences. Seeking legal action with an attorney you can trust can make a strong statement to your perpetrator.
Anyone who was sexually assaulted while in a massage therapy session may be granted either compensatory or punitive damages. Compensatory damages pay you (compensate) for a distinct expense, while punitive damages are meant to punish the wrongdoer.
Typical compensatory damages documented in sexual assault cases include:
- Medical expenses, including hospital visit costs, therapy or counseling appointments to support healing from trauma, and any continuing medical treatment associated to sexual injuries
- Lost earnings due to missing work from anxiety over the assault, emotional distress, or ongoing pain and suffering
- Disturbance to a person’s quality of life may happen if the event traumatizes you in a way that impacts other work areas. For instance, if the massage therapist was a male and, after being sexually assaulted, the assault victim can not be left alone with any male.
Punitive damages are seldom granted, but they may be awarded to victims when the court wants to discourage the defendant from making the same mistake again.
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Find A Trusted Massage Sexual Assault Lawyer Today
Once you have decided to hire a personal injury lawyer, Florin|Roebig is the most qualified and affordable law firm. If you want legal advice from our team of attorneys, you can contact our offices to schedule an appointment.
- You can submit a request for more information at Florin|Roebig.com,
- You can call our phone number 24/7
If you or a loved one were a victim of sexual assault while receiving a massage, you may be able to pursue compensation from the massage business or the massage therapist. Sexual assault attorneys can help decide who is liable, supply legal advice during your case, and more.
The Florin|Roebig law firm has represented numerous sexual assault cases, working with the highest care to alleviate all our clients’ worries, create a strong case, and reach an appropriate settlement offer. Our team of attorneys will only stop once we have a concrete foundation for your claim, and we will make sure you are kept up-to-date along the way.
With many favorable client testimonials, discover what our law firm can do for you today. Contact the phone number or complete the contact form now to get started on your case.
Frequently Asked Questions
What qualifies as sexual assault during a massage?
An improper massage can include the following: groping or fondling, non-consensual touching, feeling pressured to take off more clothes than you want to, verbal and physical motions that are sexual, requesting you touch them in the sexual areas of their body, and anything said or done by your massage therapist that feels like a violation.
Can I sue the massage therapist and the spa for sexual assault?
Yes, in Florida, you can legally pursue damages via a lawsuit against the masseuse or the massage company. If you have questions about pursuing a lawsuit against your attacker, please call the law offices of Florin|Roebig today.
How long do I have to file a sexual assault claim in Florida?
In Florida, the statute of limitations for sexual assault varies is four years from the date of the incident.
