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

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

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Attorney answers 6


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. I would be happy to discuss your case with you further. Provided we mutally agree that I should represent you, an attorney client relationship will be formed after a cleared conflicts check and execution of a written retainer agreement. I hope the information I have provided is helpful to you. Please feel free to contact me at 818-334-4409 or


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 relationship between the questioner and responder.

Christine C McCall

Christine C McCall


Massage is not presently a State-licensed occupation. There are some trade certification organizations, and some local jurisdictions require permits, but no State license administrative enforcement.


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


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.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at


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.

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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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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