[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/massage-therapy-sexual-assault-an-awful-combination\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/massage-therapy-sexual-assault-an-awful-combination\/","headline":"Massage Therapy & Sexual Assault: An Awful Combination","name":"Massage Therapy & Sexual Assault: An Awful Combination","description":"Many of us have experienced the calm, soothing feeling of a deep tissue massage. For most this represents a luxury, a self-indulgent treat. But it is also one of the most vulnerable positions in life.\u00a0 After all, you\u2019re lying naked or nearly naked under a sheet alone in a room with a total stranger. You… Continue reading Massage Therapy & Sexual Assault: An Awful Combination<\/span><\/a>","datePublished":"2018-08-01","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/09\/2018-07-22-Massage-Envy-Sexual-Assault.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/09\/2018-07-22-Massage-Envy-Sexual-Assault.jpg","height":720,"width":1280},"url":"https:\/\/butlerfirm.com\/blog\/massage-therapy-sexual-assault-an-awful-combination\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY","name":"Georgia Sexual Assault and Rape Lawyers - Butler Kahn","description":"Sexual assault and rape are awful to live through, and hard to live with. Our message to survivors and victims is simple: you CAN fight back, and we're here to help.\n\nSurvivors of sexual assault or rape react to the trauma differently. Some report the sexual assault or rape to police immediately, and some don't. Some want to remain anonymous, and others want the world to know the name of the attacker. We honor the wishes of our clients, as any sexual assault lawyer should.\n\nWe help people and families with the effects of sexual assault or rape. If you're looking for a huge law firm with hundreds of cases per lawyer, you should look somewhere else. If you're looking for a personal injury law firm that handles a smaller number of serious cases and provides personalized attention, call us.\n\nFor more about sexual assault and rape cases, visit https:\/\/butlerfirm.com\/georgia-crime-victims-lawyers\/rape-and-sexual-assault\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/default.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/maxresdefault.jpg"],"uploadDate":"2019-06-05T18:05:37+00:00","duration":"PT8M","embedUrl":"https:\/\/www.youtube.com\/embed\/wyMNw8gXUYY","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":5564}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":20}]},"about":["Liability","Personal Injury","Sexual Assault"],"wordCount":1028,"articleBody":"Many of us have experienced the calm, soothing feeling of a deep tissue massage. For most this represents a luxury, a self-indulgent treat. But it is also one of the most vulnerable positions in life.\u00a0 After all, you\u2019re lying naked or nearly naked under a sheet alone in a room with a total stranger. You must trust the licensed professional who will be touching you.Sexual Assault at Massage EnvyIn 2017 the nation\u2019s largest provider of massage services, Massage Envy, was accused of betraying that trust. The corporation boasts 1,200 locations in every state except Wyoming.\u00a0It employs more than 35,000 \u201cwellness professionals\u201d and performs more than 1.5 million treatments per year. During one of those massages, Susan Ingram, once a satisfied customer claims her \u201cmassage\u201d turned ugly.In her report to police Ingram stated that a Massage Envy masseur, James Deiter, rubbed his groin against her, placed his erect penis in her hand, and aggressively groped her breasts.\u00a0After terminating the massage and leaving, she later called the manager to complain but was rebuffed.\u00a0Then she went to the police.In all, 180 women have filed lawsuits, police reports, or complaints with state licensing boards about Massage Envy employees. While the company describes each incident as \u201cheartbreaking\u201d most investigators say it does little to train and equip individual locations on how to conduct a proper investigation. The company does not require franchisees to report misconduct to police unless mandated by local statute. In some instances, therapists have been allowed to quietly transfer to another location with a \u201cclean slate\u201d.Tara Woodley is another victim who alleges her therapist, Habtamu Gebreselassie started performing oral sex on her until she confronted him, demanding that he stop. Woodley sued Massage Envy for negligent hiring, negligent retention, negligent supervision, and infliction of emotional distress.How Could a Massage Therapist Commit Sexual Assault?Advocates for the victims say there isn\u2019t a \u201ctypical\u201d perpetrator. Some are experienced therapists and some are new to the job. One statistic remains constant, however\u2014many women are too afraid or embarrassed to report the abuse.So who is responsible in the case of an employee who commits a crime? Is the employer allowed to claim clean hands when they had no idea the behavior was happening? As with most things in our justice system, it depends largely on the facts.First, let\u2019s discuss the actual crime. In this case, most perpetrators have been charged with \u201csexual assault\u201d. The definition and elements of sexual assault vary by jurisdiction but it is typically defined as unwanted sexual contact that stops short of rape or attempted rape. It includes unwanted sexual touching or fondling. Clearly, a masseur having sexual contact with a client against their will\u00a0qualifies.It\u2019s also important to distinguish sexual assault\u00a0convictions for which those convicted face jail time, fines, registration as a sex offender, and civil\u00a0torts.\u00a0A tort is a wrong for which the victim can sue for damages (usually money).\u00a0What Woodley sued for is a tort, and is a part of a civil case.Responsibility of Massage Envy and Other Spas for Sexual AssaultAnd where is Massage Envy in this equation?\u00a0 Is the company liable for the actions of some rogue employees?\u00a0Maybe. There are a handful of legal theories that can lay blame at the foot of an employer if certain criteria are met.\u00a0Let\u2019s examine two of them:\u201cRespondeat superior\u201d is a fancy Latin phrase that means \u201clet the superior answer\u201d and conveys the notion that an employer is legally responsible for the actions of its employees. Massage Envy argues that the rule only applies if the employee is acting within the scope of their employment. In other words, in general, the employer will be liable if the employee was doing his or her job, carrying out company business, or acting on the employer\u2019s behalf when the incident took place. But if the employee acted independently or purely out of personal motives, the employer might not be liable.Here are two examples: a pizza shop offers delivery in 30 minutes or less, or the next order is free. The delivery person hits a pedestrian while frantically driving to beat the deadline. In this case, the company will likely be held liable. In the next case, a pharmaceutical company gives its salespeople cars to drive for work-related sales calls. After hours an employee uses their car for personal errands and hits a pedestrian.\u00a0 Most likely the company will not be responsible.Under this theory, someone who is assaulted by an employee can sue the company for failing to take reasonable care in hiring (negligent hiring). Or, they could be sued for keeping the employee after learning the worker posed a potential danger (negligent retention).In this type of case, an employer is only liable if they acted carelessly. In other words, the company must know or should have known, that the employee posed a danger and did nothing about it.[cw_review]What Should Massage Envy Do?In the case of Massage Envy many victims allege that after complaining about the abuse the company did nothing, including retaining the therapist. In other cases, the offender was allowed to transfer to another franchisee with a clean record. Both of the scenarios may fit within the definition of negligent hiring and retention. Contact an Atlanta sexual assault lawyer today.So, what should a company do to avoid these types of claims? Here are a few tips:First, perform background checks. Many sexual predators have records of bad behavior. Performing thorough background checks is easier today than ever before. Online databases allow companies to cheaply and completely assess the background of their applicants.Second, use a heightened level of care when hiring employees who will have contact with the public. It is more likely for a company to be held liable if their employees work closely with individuals, including visiting people in their homes and working with vulnerable people such as children or the mentally disabled.Finally, remove problem employees immediately. Create solid, defensible practices and procedures to thoroughly investigate possible crimes in the workplace and then act decisively on the results. "},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Massage Therapy & Sexual Assault: An Awful Combination","item":"https:\/\/butlerfirm.com\/blog\/massage-therapy-sexual-assault-an-awful-combination\/#breadcrumbitem"}]}]