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Massage Sexual Assault Lawyer

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Award Winning Chicago personal injury lawyer

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Award Winning Chicago personal injury lawyer

Jonathan Rosenfeld - J.D

September 11, 2024

  • Over $450 Million worth of case results
  • Awarded The Best Lawyer in 2024 by U.S. News

Approximately 19% of Americans get a massage at least once a year, with 23% getting massages as a regular part of their wellness routine [1]. Globally, the massage industry is expected to grow 8.6% over the next ten years and reach a total value of $146.13 billion by 2034 [2].

A well-trained massage therapist can be a crucial resource for those suffering from excessive stress or chronic pain. However, massage therapy can have a dark side. 

There have been numerous cases of a massage therapist or client being sexually assaulted during what is meant to be a healing and rejuvenating experience, demonstrating that systemic issues imperil the well-being of all parties involved.

If you’ve been sexually abused during a massage therapy session, Rosenfeld Injury Lawyers is here to help. Our personal injury firm has years of experience in handling sexual assault claims related to massage parlors and other places of business. 

WE ARE ONLY ACCEPTING SEXUAL ABUSE CASES INVOLVING INSTITUTIONS.

IF YOU HAVE A MATTER INVOLVING A RELATIVE OR ACQUAINTANCE, PLEASE CONTACT YOUR LOCAL BAR ASSOCIATION

Understanding Sexual Misconduct During Massage Therapy

A massage session can convey many health benefits by relaxing muscles, reducing stress levels, and improving range of motion. However, many massage techniques require close contact between the client and the massage therapist, leaving either party vulnerable to inappropriate sexual contact.  

The Benjamin Institute notes that a predator can easily exploit the physical intimacy and vulnerability that occurs during a massage. The close contact, low lighting, and physical isolation of a massage room may lead to crossing boundaries accidentally or intentionally [3]. 

massage therapist sexual assault lawsuit

Therapists may use their position of authority against a vulnerable client, pressuring them to disrobe or assuring them that sexual contact is a normal element of a massage [4]. 

Sexual misconduct during a massage therapy session can include inappropriate touching, sexualized comments, or sexual assault. One of the largest sexual abuse cases related to message parlors occurred in 2017 when a BuzzFeed investigation found over 180 women had lodged complaints about massage therapists at Massage Envy locations across the country [5]. 

Despite the massive backlash against Massage Envy due to the investigation, sex crimes continue to occur on their premises. In 2022, two survivors of sexual assault came forward to allege they were sexually assaulted or inappropriately touched at a Houston branch of the massage company [6]. One of the women was infected with herpes due to the sexual assault [7]. 

In 2023, local law enforcement in Michigan received over half a dozen tips regarding sexual acts taking place at a Holland Township massage parlor, including an instance where a male therapist inappropriately touched a female client [8]. 

Earlier this year, a North Carolina massage practitioner was found guilty of sexual assault when a client fell asleep during a massage session. The man inappropriately touched her while she was sleeping.  He had previously sexually abused another woman at a separate parlor in the same city [9]. 

Massage therapists are also at risk of assault during a massage session. More than 70% of massage therapists report sexual harassment or sexual assault at the hands of their clients, with the majority experiencing some form of unwanted physical contact [10]. 

Earlier this year, a man was arrested after two separate sexual assaults at two different parlors in Oregon [11]. The man entered the parlor, attacked the victim, and then immediately fled, only to be captured later.

What a Massage Sexual Assault Lawyer Can Do for You

Rosenfeld Injury Lawyers is uniquely equipped to assist sexual assault survivors who have been abused in massage parlors. We excel at understanding liability across different jurisdictions, compassionately representing victims, and meticulously conducting investigations that offer our clients the best chance of receiving compensation. 

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Our massage spa sexual assault lawyers are well-versed in all elements of a personal injury lawsuit, having represented hundreds of cases across the country. 

You’ll work with an experienced attorney who will guide you through the legal proceedings, protect your legal rights, and ensure the responsible parties are held liable in a court of law.

In addition to securing financial compensation, we strive to offer emotional support to our clients. We understand the needs of those who have experienced sexual assault and practice trauma-informed advocacy, relying on resources like the National Sexual Assault Hotline and Rape, Abuse & Incest National Network to guide our work. 

Investigating the Assault

To obtain justice in a civil lawsuit, we must provide a preponderance of evidence proving the responsible party’s liability. 

Our legal team is renowned for our investigative skills. We’ll gather evidence such as a police report, medical records, security footage, and witness statements to create a clear and compelling picture of inappropriate sexual conduct.

Additionally, our law firm will perform a comprehensive review of the massage therapist’s background and that of the massage business. We’ll identify whether the massage practitioner had any previous allegations of sexual misconduct that the parlor may have ignored when hiring them. 

Determining Liability

In personal injury sexual assault lawsuits, multiple parties may share liability. We will identify who is wholly or partially responsible for the sexual assault and hold them accountable. This can include the individual massage therapist and their place of business. We’ll take legal action against all individuals or organizations that share the blame for your trauma.

Filing a Lawsuit and Seeking Compensation

Rosenfeld Injury Lawyers is a personal injury law firm that pursues civil lawsuits to compensate victims of negligence. We’ll first seek compensation through a settlement and then, if necessary, file a lawsuit against those responsible for this injustice. 

As the massage industry is a multi-million dollar business, companies work hard to prevent victims from receiving maximum compensation in cases of massage therapy sexual assault. Our team of skilled negotiators can hold them accountable and ensure you receive a fair settlement.

Sexual assault during a massage is an incredibly traumatic experience that can damage a person’s psychological state for years to come. In taking legal action, we seek compensation to help you heal.

Our team takes the well-being of our clients seriously. We will connect you to resources for sexual assault survivors and keep you informed throughout the legal process, shielding you from third parties and handling all negotiations on your behalf. 

Most importantly, we work on a contingency fee basis, so you don’t need to worry about legal bills while you are recovering from your sexual assault. Everything, from the free case review to legal representation, costs you nothing upfront; we deduct our legal fees from your settlement instead.

Liable Parties in Massage Sexual Assault Cases

We may pursue legal action against several different parties in a massage parlor sexual assault case, which can include the following. 

  • Massage Therapist – A massage therapist is trained to ensure client safety at all times, which includes avoiding sexual regions and keeping conversations appropriate. Those who inappropriately touch their clients or who commit sexual assault must be held accountable for failing to uphold their professional standards. 
  • Massage Parlor – A massage spa or parlor may be accountable for negligent hiring practices, such as failing to perform background checks on applicants or accepting therapists who have prior criminal charges against them. They should also take any allegations of sexual abuse seriously and dismiss any therapist who has been credibly accused of sexual assault.
  • Third Parties – In some instances, others may also be held liable. For example, a massage therapist who is sexually assaulted by a client can sue the individual responsible. A licensing board that fails to take action against a therapist with a sexual assault charge may be accountable for putting clients at risk. 

Seeking Compensation for Damages

Sexual assault cases in civil courts are aimed at receiving compensation for both the financial and emotional losses incurred by inappropriate conduct during a massage session. These are called damages and can encompass several elements, such as compensation for professional counseling and lost wages. 

The types of damages you may receive include the following:

  • Medical expenses
  • Counseling and therapy
  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Loss of earning potential
  • Loss of enjoyment of life

In some cases, the court may award punitive damages. This is meant to punish the perpetrator for actions beyond gross negligence. Punitive damages are a rarer form of compensation and may not apply to your case. 

Proving Damages

Damages are proven through tangible evidence and expert witness testimony. Economic damages are those with a discrete dollar amount attached, such as bills for medical attention, therapy invoices, or time off work.

We will also work with expert witnesses who can attest to the severe harm that sexual abuse can cause to a victim, including the psychological and social effects. This will help justify the damages for more intangible elements, such as pain and emotional distress.

Finally, we will work with you to identify how your life has changed since the sexual assault. For example, suppose you were forced to give up favorite hobbies due to the trauma, or you experienced a worsening of a chronic condition that had been alleviated through massage. This can be further evidence that justifies our requested damages in that case. 

Our team of personal injury lawyers will guide you through each element of your court case, ensuring you are supported at every step. The lawsuit process involves the following steps. 

Before calling us, you should always contact the police and report the assault, then go to the hospital for a medical examination. There, a forensic sexual assault nurse examiner will gather evidence, such as DNA samples, and take photos of any injuries you may have.

After this, survivors of sexual assault should report the incident to the state licensing board, which can then take action against the perpetrator. 

As a victim of abuse, you have certain rights under the Survivors’ Bill of Rights in the States Act of 2023. This includes the right to a free forensic examination, to be informed of the results, and to have the kit preserved for up to 20 years [12]. 

You also have the right to confidentiality, and our attorney-client relationship means that the information you provide to us can be kept confidential.

During your free consultation with our law firm, we will identify who may share liability for the assault, including massage parlors, therapists, and third parties. We will also determine the statute of limitations to ensure we can legally pursue your claim. 

Once we have determined who is responsible, we will file a claim against these parties, formally informing them that we intend to take action in a civil court.

Discovery is a process in which we gather evidence and share it with the other parties named in the suit, ensuring that each party has access to the same evidence. 

During this process, we will meticulously research all the particulars of the assault. This includes looking at surveillance footage, photos of the scene, medical records, police reports, and witness statements. We’ll also contact eyewitnesses and professionals for depositions, which will help support your claim. 

Additionally, we’ll solicit information from the responsible parties to get a comprehensive perspective of the incident.

In sexual assault cases, we attempt to settle out of court first. This process is faster and simpler than a lawsuit, which helps victims move forward with their lives. 

Massage companies have insurance meant to compensate victims, but these insurers may refuse to pay their fair share. Our skilled negotiators will provide compelling evidence that they are responsible for your losses.

In many cases, we can settle out of court. However, these agreements are legally binding, so you must speak to a lawyer before signing anything. In some cases, the massage parlor or therapist will refuse to settle, meaning we must take the case to court.

If necessary, we will take the case to trial. During this process, we will be your advocate, ensuring your rights are always protected and your story is heard. Our compassionate attorneys will keep you updated on the case while respecting your need for healing.

Our team is renowned for our trial representation and receives favorable verdicts in most cases. However, sometimes it is necessary to appeal an unfavorable verdict. In this instance, we will guide you through the appeals process and continue fighting for justice.

Statute of Limitations for Sexual Abuse

Sexual abuse in massage settings follows personal injury law. The statute of limitations for these types of lawsuits varies by state, ranging from one year to five years. It’s crucial that you contact us as soon as possible so that we can begin working on your case and ensure we do not miss the deadline to file a lawsuit. 

Consult Our Massage Sexual Assault Lawyers Today!

Massage parlors are meant to be places of healing where clients can unwind with the careful attention of a skilled masseuse. Unfortunately, clients or therapists may be sexually assaulted by predatory individuals who exploit the intimacy of this setting. 

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

If you’ve been harmed in a massage parlor, Rosenfeld Injury Lawyers can help you achieve justice. We have recovered millions in damages for our clients and work on a contingency fee basis, meaning you owe us nothing unless we can win compensation for you.

To schedule your free case evaluation, call us 24/7 at (888) 424-5757 or fill out our contact form

References: [1] Massage Therapy Center Palo Alto, [2] Future Market Insights, [3] The Benjamin Institute, [4] The Benjamin Institute, [5] The Florida Times-Union, [6] FOX-26, [7] FOX-26, [8] FOX-17, [9] Charlotte Alerts News, [10] Gale Academic OneFile, [11] KGW8, [12] Chuck Grassley

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I understand that submitting this form does not create an attorney-client relationship. I also understand that Rosenfeld Injury Lawyers LLC works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Rosenfeld Injury Lawyers LLC on these lawsuits.

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Consulting an experienced attorney is a critical first step in understanding your legal options. During a free consultation, we will examine the unique details of your case, explain the possible paths forward, and answer any questions you may have. Our skilled lawyers will provide you with personalized advice tailored to your needs, helping you understand your rights and explore the options available to pursue fair compensation.

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Client reviews

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Michonne Proulx

“Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.”

Ethan Armstrong

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Giulia

“This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.”

– Daniel Kaim

“Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.”

Lisa