Massages are a common source of relaxation, rehabilitation, and stress and pain management. However, there are troubling occurrences where massage therapists abuse their position to sexually harass and assault patients. Victims of massage therapist sexual assault typically file criminal charges against the offender, but they can also file a civil lawsuit to recover damages for any injuries they have suffered. In general, victims have four years to file a civil lawsuit for sexual assault against a massage therapist and two years to file a negligence claim against their employer.
Florida’s Laws Against Massage Therapist Sexual Assault
Florida Statutes 480.0485 defines massage therapist sexual misconduct as a massage therapist using their power and position of authority to compel the patient to engage in acts of a sexual nature outside of the scope of treatment. Note that this definition of misconduct does not require that the therapist actually physically touch the patient in a sexual nature. A therapist can be guilty of misconduct if they use their position to coerce or induce sexual activity.
Behaviors that could constitute massage therapist sexual misconduct might include:
- Non-consensual touching of genitals, breasts, and other sexual body regions
- Exposing oneself to a patient
- Removing clothing without consent
- Pressuring patients to remove clothing
- Observing the patient’s naked body without permission
- Making sexual remarks or comments
Florida’s Statute of Limitations for Massage Therapy Sexual Assault
If a massage therapist sexually assaults you, you may be able to bring a civil lawsuit against the massage establishment. This civil action is separate from any criminal action the state may bring against the massage therapist.
If the employer of the massage therapist did not perform due diligence in hiring or ignored warning signs and reports of the therapist’s behavior, or failed to reasonably train and supervise the massage therapist, then you may be able to file a negligence claim against them. According to Florida Statutes 95.11(5)(a), the statute of limitations on negligence claims is two years.
What Happens If I Miss the Deadline for Filing?
If you miss the deadline for filing a lawsuit, then you will lose your eligibility to recover compensation for your injuries and losses. If you file a lawsuit after the limitations period has passed, the court will likely dismiss your case because your claims have expired.
Representing Victims of Sexual Assault
When a massage therapist sexually assaults a patient, they have taken advantage of a patient in a vulnerable position and betrayed the responsibility entrusted to them. If you have been sexually assaulted by a massage therapist during a massage, please contact us at 754-253-0249 or email attorney Seth Lehrman to protect your rights.