Can I take action against a massage therapist for straddling me and touching me inappropriately?

Asked over 1 year ago - Oceanside, CA

I paid for a hr full body massage . The masseuse climbed on top of the table and sat on the back of my legs massaging my butt and never used oil / lotion . He moved my thong underwear from normal position to under the cheeks of my rear end and aggressively massaged my cheeks in an outward motion . He attempted to spread my legs at the same time and I just said my hips hurt and I couldn't . Most of the hour he was on top of me with his hand on the back of my neck and the other on my rear or back . He only massaged my back and rear end and never massaged my legs or arms . I was completely exposed the whole hour . At the end of my hour he asked me to turn over . I told him twice , " I have to get dressed and go . " He said , " I finish quickly " . I never turned over and left . I also filed a police report

Attorney answers (6)

  1. Erin Marie Stratte

    Contributor Level 6

    12

    Lawyers agree

    Answered . First, I am so sorry to hear about your ordeal. From what you describe you have a cause of action against the masseuse for assault and battery and if he worked for a company they may have liability as well. A personal injury attorney in your area should be able to evaluate your claim. Sometimes the case may be difficult to pursue if the individual you are suing has few assets. That will be a factor your attorney will use when evaluating your case. Be sure to follow up with police and if you have injuries or experience lasting trauma seek the assistance of a doctor or counselor.

    Answers I provide on Avvo are for informational purposes only and do not create an attorney client relationship.... more
  2. Larry Van Roberts

    Pro

    Contributor Level 11

    11

    Lawyers agree

    Answered . I see three options: (1) file a complaint about the masseuse with the state agency that regulates the profession, (2) contact the local district attorney office about a criminal complaint and (3) file a civil lawsuit against the masseuse. You may choose one or all three. Whatever you do, contact a local personal injury attorney immediately to advise you specifically on how California law applies. Sorry this has happened. Good luck!

    This response is given solely as a general response to the question and does not create an attorney / client... more
  3. William Peter Daley

    Contributor Level 17

    8

    Lawyers agree

    Answered . Hopefully the Police Department will refer this matter to the district attorneys office for prosecution. Have you contacted the investigating officer to see what the status of the investigation is? It would be interesting to know what statement, if any, the therapist gave to the police.
    As my colleagues have suggested, you can also file a complaint with the local licensing board, as well as a civil lawsuit for money damages for this horrible incident. Any civil lawsuit against this individual will be much easier to prove and win if he is convicted or pleads guilty in a criminal case. That's why I think it is important for you, or your attorney, to follow up with the investigating officer and the prosecutor assigned to the case.

    www.lawofficeofwilliamdaley.com

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  4. Sagi Shaked

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . Yes. Did the police arrest? Is there a criminal case pending?

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Best bet is to call the police, and retain one of the above lawyers in your state who has handled these battery cases in the past.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Adrienne Patricia Allen

    Contributor Level 15

    4

    Lawyers agree

    Answered . In addition to all of the above, you have a civil sexual harassment case pursuant to California statute. Definitely seek the advice of any California attorney. Good luck to you.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
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