Massage Spa Sexual Abuse Attorney
The fantasy of a massage therapy session evolving into sex may be common fodder for erotic fiction and porn, but in real life, it amounts to sexual abuse. Unfortunately, the intimate and vulnerable nature of massage therapy lends itself to a higher risk of exploitation.
This was brought to light several years ago when a major massage therapy chain was faced with claims of sexual assault of more than 180 women, prompting the franchise chain to install "attention buttons" so either clients or therapists could call for help if they felt uncomfortable in a session.
Massage spas are meant to be spaces of trust and comfort. When those expectations are shattered by someone taking physical contact over the line, survivors are left grappling with feelings of violation, shame, and confusion.
In short, what should be a peaceful, restorative experience in a massage spa can, in an instant, turn into a trauma that leaves lasting emotional scars.
If you have experienced sexual abuse in a massage spa, it's crucial to remember that you are not alone. You may be hesitant to come forward, in part because the vulnerable situation lends itself to undeserved shame and confusion.
However, seeking legal help can empower you and provide the support you need to navigate this challenging situation.
It's important to remember that under California law, any sexual act performed on you without your explicit consent is a sex offense and is NOT your fault. This legal framework is in place to protect you, and understanding it can provide reassurance and a sense of security during this difficult time.
California empowers you to file a civil suit to recover damages for any medical expenses, pain, or suffering the incident caused you. At Injury Justice Law Firm, our attorneys have plenty of experience with sensitive cases like these, and we will work to get you the compensation you deserve.
How Sexual Abuse Can Occur in Massage Spas
Sexual abuse in massage spas can take many forms, and it's critical to understand the various ways boundaries can be crossed. Abuse in these situations is not always clear-cut initially, which can make survivors question their experiences. Here are some possible scenarios where sexual abuse can occur in a massage spa setting:
- Therapist to Client: A therapist may exploit the intimate nature of the session, touching clients inappropriately, making sexually explicit comments, or coercing clients into engaging in unwanted behaviors under the guise of professional care.
- Client to Therapist: While less commonly discussed, massage therapists themselves can be subject to sexual harassment or abuse by clients, such as inappropriate propositions or non-consensual touching. In one local survey, as many as 75 percent of massage therapists in the area claimed to have been sexually harassed or assaulted by a client at least once.
- Between Co-Workers or Peer-to-Peer: Co-workers in a spa setting may face inappropriate advances, harassment, or coercion, creating a toxic work environment.
- Employer to Employee: Abuse of power by an employer in the form of sexual harassment, coercion, or other inappropriate behavior can also occur.
Review of Your Massage Spa Sexual Abuse Claim
When you go to a massage spa or professional masseuse, you trust that you are working with qualified professionals who will treat you with integrity and respect.
When boundaries are crossed, however, these perpetrators have not only broken the law but have been enabled by establishments that either allow this activity, ignore complaints or do not have proper hiring standards in place. Thus, when reviewing a massage spa sex abuse claim, we will look at the following factors:
- What are the legal boundaries?
- Was there any sexual touching?
- Did you dress and undress in private?
- Once you were on the massage table, were you covered with a sheet that was tucked in in a way that sensitive areas would not be exposed?
Touching or massage of the breasts is typically prohibited because it's either prostitution or sexual assault. The genital area should be covered with a sheet or a towel while the therapist is working.
Further, if you are a massage spa employee who is aware of improper practices and a pattern of assault, or if you have been subjected to abuse or harassment from your employers, we can also assess these claims.
Our California sexual abuse attorneys are ready to hear your story and take steps toward securing the compensation you deserve. This process is about more than just financial recompense; it's about seeking justice and moving forward with hope and optimism.
What Constitutes Sexual Abuse?
If you've experienced unwanted behavior in a massage spa, you may be asking yourself, "Was this abuse?" It's common for survivors to doubt their instincts, but abuse often begins with actions that violate personal or professional boundaries. The following behaviors may signal that sexual abuse has occurred or is in process:
- Any non-consensual touching or sexual contact during a massage session (i.e., without your explicit verbal consent).
- Explicit sexual comments, inappropriate jokes, or advances by a massage therapist or another staff member.
- Coercion or intimidation into performing or witnessing any sexual act.
It's important to trust your feelings. If something felt off, invasive, or traumatizing, it was likely abuse, and it's worth exploring further with trusted advocates and legal professionals.
Who Can Be Held Liable?
When it comes to sexual abuse in massage spas, multiple parties may bear legal responsibility for the harm you've faced, including but not limited to:
- The Perpetrator: Whether the abuser was a massage therapist, a client, a co-worker, or another individual, they can be held personally liable for their actions.
- The Massage Spa or Employer: If the abuse occurred due to negligence, such as failure to screen employees, improper training, ignoring previous complaints, or failure to install other safety protocols (such as the "attention button"), the business or employer may also be liable.
- Third Parties or Owners: Liability could extend to property owners or others involved with the business if they failed to take reasonable measures to prevent abuse or to create a safe environment.
Filing a civil suit not only seeks compensation for your pain and suffering but also holds wrongdoers accountable, potentially preventing others from experiencing the same harm.
Statute of Limitations on Sex Abuse Civil Suits
California law provides protections for survivors of sexual abuse, but it's essential to act within the legal time limits. For most sexual abuse cases, survivors have 10 years from the date of the abuse to file a civil claim.
However, in recognition of the long-lasting and often repressed trauma caused by sexual abuse, the law also allows survivors three years from the date of discovery of injury or illness caused by the abuse to initiate legal action.
'Discovery of injury or illness' refers to the point when you became aware of the physical or psychological harm caused by the abuse. This three-year window may take the SOL beyond 10 years.
The "discovery" rule is especially important in cases where survivors may not fully understand or connect their emotional and psychological distress to the abuse until years later. This timeline gives survivors more of an opportunity to pursue justice when they are ready.
Have you or a loved one been inappropriately touched or treated at a massage spa? If so, you may have a legitimate claim against the establishment that harmed you. At Injury Justice Law Firm, our dedicated, knowledgeable team of sexual abuse attorneys has represented clients in an array of different abuse and harassment suits.
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