Case Explained: Experts say sexual misconduct by massage therapists often goes unreported – Legal Perspective

(InvestigateTV) — A massage is meant to be a calm, stress-relieving experience, but there have been cases where the person receiving the massage is sexually assaulted by someone they thought they could trust.

Some experts say these crimes are often unreported.

Why cases are not reported

They might not be reported because sexual assault is one of the most shame-inducing traumas a person can experience, according to psychologists, and victims might feel uncomfortable coming forward.

Victims might also be in shock, suffer from post-traumatic stress disorder and fear they will not be believed

Calling for accountability

Heather, an assault survivor, shared her story.

She said she had been getting regular massages for five or six years to treat her lymphedema, a condition that leads to swelling.

She would go for walk-in appointments and different massage therapists would treat her.

“Matter of fact the location – I ventured there three or four times a year,” she said.

When a male worker she didn’t recognize took her to a room, she never imagined what would happen next.

“He was massaging my leg. He was coming up very high on my thigh, which is unusual, and I thought maybe there’s something, maybe he’s pushing harder with my leg, with my lymphedema,” Heather said.

“He started massaging my stomach and grabbed my nipples and twisted them and I sat up and was like, ‘No, no!’ And he pushed me back down and was like, ‘You’re OK.’ And I’m thinking, no I’m not, and he covered me up and said, ‘We’re done.’”

Heather said she was in shock, then came feelings of shame.

“So, I got home and then the realization, I have to tell my husband,” Heather said.

When he arrived home, Heather was on the back deck, drinking her fourth drink because she was so ashamed about what happened.

“It was hard because — this other man groping me and I did nothing to stop it,” Heather said.

But she didn’t want the man to get away with it, so she filed a police report and called an attorney.

Reports of sexual assaults increase

Attorney Jill Kanatzar, who represented Heather, said cases like this have ramped up over the last decade.

“Back in the ’90s and early 2000s, I don’t think I handled a single one and so it wasn’t until about 2015 that I started to get calls on these type of cases and that has increased since that time,” Kanatzar said.

Call for facilities to hire only licensed therapists

The National Practitioner Data Bank said 905 massage therapists were reported for sexual misconduct and disciplined as a result since 2019.

That data, however, does not account for unlicensed therapists.

Kanatzar, who is based in Kansas City, said she has had four clients this year, and all but one involved unlicensed massage therapists. But the data bank lists only one report in Missouri.

The man who is suspected of sexually assaulting Heather was unlicensed.

“They had no W-2 on him, which means no Social Security number. They had no first and last name. They only had part of a name,” Heather said.

California and Vermont are the only two states that do not require a license for therapists, according to the Federation of State Massage Therapy Boards.

In states where a license is required, there is still not much at risk for a therapist who is caught practicing without one, according to Kanatzar. She said the risk is only for the business that is licensed.

“It’s not a crime to give a massage without a license,” Kanatzar said.

Kanatzar said she could not name the facility connected to Heather’s case because of a settlement agreement, but it has been shut down.

It was settled out of court, but another woman came forward during the investigation and said she was assaulted at the same facility, Kanatzar said. It was shut down nine months after Heather filed her complaint.

The man accused of sexually assaulting Heather left the area and Kanatzar said she does not know where he went.

“No idea where he went, so it would not shock me that he is somewhere in some other metropolitan community and he is continuing to perpetrate,” Kanatzar said.

Heather said she is angry with the owner and the business and is calling for accountability.

“They put profit over their customers, over their customers’ safety,” Heather said.

Calls for increased accountability

Michigan state Rep. Julie Rogers helped craft legislation in the wake of the Larry Nassar scandal and said some laws passed to prevent abuse included penalties for others who fail to report misconduct.

She thinks something similar could work for massage businesses and wants to look at drafting possible legislation but warned that would take time.

“There are legislative fixes, but they’re very long-term and may take years,” Rogers said.

Kanatzar said massage facilities should not hire unlicensed masseuses and they should conduct background checks.

“There’s training, there’s background checks that the facility can do to eliminate the risk,” she said.

Heather said she still gets massages, but only from one woman she knows and trusts.

“I really think laws need to change. I think accountability needs to be up there with it and women need to understand that it is not OK that this has happened,” she said.

Kanatzar said increased resources for state licensing boards to conduct random checks on massage businesses could also help, but the source of the funding would likely need approval from lawmakers.

If you are planning to go for a massage, you can check for licensed massage therapists and business licenses with state licensing boards.

Experts say anyone who feels uncomfortable during a massage has the right to speak up and leave.

Misconduct can be reported to state licensing boards, health departments and police.

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