On March 14, 2025, the Florida Board of Massage Therapy issued a Final Order revoking massage therapist Tommie James’ license following an allegation that James sexually assaulted a female client. An administrative complaint was filed in April of 2024, followed by a hearing in September of 2024. Upon complete review and investigation that included testimonies by the spa owner, the Department of Health concluded there was sufficient evidence to support the claims and grounds for disciplinary actions. James has been a licensed massage therapist in the state of Florida since 2016. As a result of the Board of Massage Therapy’s action, James is permanently and immediately prohibited from practicing massage therapy in the State of Florida. He was also ordered to pay a fine of $2,500.
According to the Order, a female patient presented for a back-to-back massage and facial on February 2, 2024, at Sirius Day Spa in Sarasota, Florida, where James was employed. This was not the victim’s first time getting a massage at this location, and not the first with James. Upon check-in for her appointment, she waited in the lounge area where James greeted her. James escorted her to the massage room and asked her what areas she wished him to work on and which aromatherapy scent she wanted. The client told James she was having some lower back issues and needed some stretching. She also told him to use eucalyptus oil. She then disrobed and laid face down, waiting for James to arrive back into the treatment room. During her massage, the client dozed off asleep while face down flipped over, and fell back asleep. She heard James asking, “Are you OK?” and then she fell back asleep for a third time. She then heard James ask the same question if she was ok and remained alert for the remainder of the massage. Shortly after the second question, the victim claims James digitally penetrated her and massaged her vagina. She froze and told him to stop as James quickly left the massage room. She had a facial scheduled directly after, and she hurried to get her clothes on, discovering later her pants were on backward. As she exited the room, James and the aesthetician were waiting to escort her to her next service. At the facial, the specialist noticed the client was “frazzled” and tearing up. She assumed it was because cream got on her eye, but the client assured her that wasn’t the case.
When she arrived home, the victim told her husband what had happened during the massage and then called her daughter, who lived in Tennessee and happens to be married to a law enforcement officer. They both instructed the victim to speak to Danielle Jones, a captain at the Safe Hope Center in TN, who offered several options for the victim’s assault. The victim decided to speak to the spa owner first, in which she did so at their other location in Lakewood Ranch. The spa owner then filed a complaint on the victim’s behalf to the Department of Health.
During the hearing, James, age 52, denied the assault allegations but confirmed all of the other details from the day of the massage. His recollection of how the massage ended was that the client seemed relaxed. However, in its conclusion, the department found clear and convincing evidence that James engaged in sexual activity and, therefore was no longer eligible to practice massage therapy in Florida.
There are numerous pending civil lawsuits involving sexual misconduct at various massages and spas in the State of Florida. Under Florida law, massage therapists occupy positions of trust, and all sexual activity between the massage therapist and clients is strictly prohibited. A massage therapist may not use his relationship with a client to induce or attempt to induce the patient to engage or to engage or attempt to engage the client in sexual activity outside the scope of practice or the scope of generally accepted treatment. Due to the potential for abuse that is inherent under those circumstances, massage therapists must possess good judgment and good moral character in order to safely practice massage therapy. The Dept. of Health found Mr. James willfully abused his position as a massage therapist to sexually violate a woman who trusted him to act professionally and within the boundaries of generally accepted massage therapy and treatment. A violation of the massage therapist-patient relationship indicates that a massage therapist lacks the good moral character and judgment necessary to safely practice massage therapy. James will no longer be allowed to practice massage therapy in Florida.
Horowitz Law has filed numerous sexual assault lawsuits against massage therapists on behalf of clients who were inappropriately touched at various massage salons and spas. If you have been a victim of sexual assault or sexual battery during a massage, or if you know someone who has, please contact our law firm at (888) 283-9922 or e-mail sexual abuse lawyer Adam Horowitz for a free consultation.