Because of certain extents of nudity and touching involved in massages, clients at massage spas and salons are at extra risks for sexual misconduct. Being in a professional setting entails a certain degree of security which encourages massage clients to lower their guards; an opportunity for situational offenders. This possibility may ultimately strain an otherwise stress-relieving experience.
When does touching become sexual assault
Due to the context of spa massages, identifying what constitutes inappropriate touching can be challenging. While massages require touching, clients should have a say when they’re feeling uncomfortable with the proximity and contact. The therapist is generally barred from touching the client’s private areas or areas surrounding it unless given permission.
In Illinois, massage therapy may be identified as sexual assault when penetration occurs; the perpetrator uses force or threatens to use force against the victim; or knows the victim can’t understand the nature of the acts and give knowing consent. It becomes aggravated criminal sexual assault when the perpetrator uses a weapon or death threats.
What to do if You Have Been Sexually Assaulted by a Masseuse or Massage Therapists
While nobody wishes for this incident to happen, it’s best to be equipped with the proper knowledge to ensure you’re able to respond to emergency situations. If you or anyone you know has been sexually abused, please do the following:
- Go to a safe place.
- Contact someone you trust.
- Contact a rape crisis hotline in Illinois.
- Visit your local Emergency Department for possible injuries.
- Submit to a medical examination to collect evidence (also known as a rape kit).
- Contact the police to report the assault.
- Contact a lawyer and know your legal options.
What Happens if I File a Lawsuit Against a Masseuse or Massage Therapists
You have the option to file for a criminal or civil suit. Filing a civil suit will entail monetary compensation for economic and non-economic damages. This may help you cover medical bills, loss of income, pain and suffering, punitive damages, and other applicable coverage.
While criminal lawsuits will entail prison time, the standard proof requires that the defendant must be proven guilty beyond a reasonable doubt. Aside from a possible prison sentence, the defendant may be penalized but this will only cover economic damages and may not be enough to cover future expenses for your recovery.
Proving misconduct by a massage therapist or the massage salon will require a reliable legal counsel. Our attorneys here at America’s Consumer Lawyer can help you understand the specifics and legalities of your case. We cultivate a space conducive for sharing intimate details of your case while maintaining your privacy and comfort. All you need is reach out.
We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at America’s Consumer Lawyer, we put people first.
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