Category: Massage

massage envy sexual Horowitz Law

SEXUAL ABUSE LAWSUIT FILED AGAINST MASSAGE ENVY IN HOLLYWOOD, FLORIDA

Horowitz Law has filed a lawsuit in Broward County Circuit Court against the the downtown Hollywood, Florida franchise of Massage Envy arising from an alleged incident of sexual misconduct by massage therapist Aitor Aizpurua at Massage Envy on July 14, 2018.  This Massage Envy franchise is located at 1640 Sheridan Street in Hollywood, Florida.

According to the client, she removed her clothing and covered herself with draping before her massage therapist came into the room.   The Complaint states that the therapist recommended a “Thai massage” to relieve tightness.  Moments later, she says he got on top of her.  The client stated, “I feel his body weight go forward on me, on my back. And then I feel his breathing, kind of like over my neck area. I feel him, just basically getting an erection over my tailbone. When I felt him get the erection, I knew something was wrong.”  The client was frightened at what would happen next but managed to escape from the therapist and quickly end the appointment.

The Florida Department of Health previously issued an Emergency Order on November 29, 2018 restricting the massage therapy license of Aitor Aizpurua.  The Emergency Order was issued in response to this same woman’s sexual misconduct claim.  He has been licensed as a Massage Therapist in Florida since 2017 according to the Department of Health website.

All massage therapist in Florida are licensed by the Florida Department of Health.  Other states have similar licensing boards.  If your massage therapist makes any sexual contact with you, it is a violation of professional ethics and may be a crime.  In addition to reporting misconduct to law enforcement, if this incident occurs in Florida you can also lodge a complaint with the Department of Health at this website: https://www.flhealthcomplaint.gov

If you have a been a victim of sexual assault during a massage at any Massage Envy location, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com

 

Marco Davila Horowitz Law

Department of Health Alleges Sexual Misconduct by Therapist at The Standard Spa in Miami Beach

The Florida Department of Health has issued an Emergency Order on October 29, 2018 restricting the massage therapy license of Marco Davila alleging he committed sexual misconduct complaint on two female clients at The Standard Spa in Miami Beach.   The Standard Spa is located at 40 Island Avenue in Miami Beach at the Standard Hotel.   As a result of the Emergency Order, Marco Davila may not practice massage therapy on female clients.  Davila has been licensed as a massage therapist in Florida since February 2017.

According to a Complaint filed by the Department of Health, on January 1, 2018, Davila performed a massage on a patient M.H., an adult female, at the Standard.  During the massage, Davila allegedly exposed patient M.H.’s breasts and vagina, without her consent.  He then rubbed patient M.H.’s breasts without her consent.  He also attempted to touch Patient M.H.’s vagina with his hand, without her consent, according to the Complaint.   On May 22, 2018, Davila performed a massage on patient M.M., an adult female, at the Standard.  During the massage, Davila exposed Patient M.M.’s breasts and vagina, without her consent.  Davila also rubbed Patient M.M.’s breasts and nipples, without her consent, according to the Complaint.

We have handled sexual misconduct cases involving incidents at Massage Envy, Hand & Stone, Massage Green, Massage LuXe, Elements Massage, Massage Heights, and many other locations.  In some cases, Adam Horowitz has represented multiple victims of a single massage therapist.  It is often the case that after one client comes forward with her account that additional victims of the same perpetrator gain the courage and strength to come forward as well.  There is strength in numbers and having the courage to expose your perpetrator may provide support to other victims in telling their story.

All sexual contact by massage therapists during a professional setting is prohibited.  For instance, Section 480.0485, Florida Statutes, provides as follows:

Sexual misconduct in the practice of massage therapy. — The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of massage therapy is prohibited.

Hollywood Massage Therapist’s License Restricted Due to Alleged Sexual Misconduct

The Florida Department of Health has issued an Emergency Order restricting the massage therapy license of Aitor Aizpurua of Massage Envy in downtown Hollywood, Florida.  The Emergency Order was issued in response to a female client’s sexual misconduct claim.  Aizpurua is accused of committing sexual misconduct at the Hollywood Massage Envy during an appointment on July 14, 2018.  He has been licensed as a Massage Therapist in Florida since 2017 according to the Department of Health website.

According to the Order, a female patient presented to Massage Envy with upper body pain. The patient
provided written consent for her upper body to be massaged, but did not consent for her lower body to be massaged.  Mr. Aizpurua was assigned to perform a massage on the patient.  During the session, Mr. Aizpurua complimented the patient’s physical appearance and her skin.  Mr. Aizpurua told the patient that he was going to try some “Thai message”’. techniques on her to assist with her pain.  Such techniques were not offered by Massage Envy, nor considered acceptable for its employees to perform.  While the patient was lying face down on the message table, Mr. Aizpurua climbed up on the table and positioned his body on top of hers.  While performing the “Thai massage” techniques, Mr. Aizpurua pressed his penis against the patient’s back and it became erect.  The patient felt Mr. Aizpurua’s erection pressing against her back.  Mr. Aizpurua continued to perform the “Thai massage” techniques on the patient after his penis became erect, and did not disengage from the massage or leave the room.  The patient felt uncomfortable about Mr. Aizpurua’s behavior and told Mr. Aizpurua that she did not want to be face down anymore.  Mr. Aizpurua then got down off the table and began to massage the patient’s inner thigh, without her consent.  After massaging the patient inner thigh, Mr. Aizpurua quickly massaged her head and then ended the massage.  Although the patient paid for a full hour massage, it lasted only a
few minutes.  The patient reported the incident to the manager of Massage Envy.  The same day, Massage Envy terminated Mr. Aizpurua’s employment due to his inappropriate behavior.

Patients of massage therapists are placed in isolated, vulnerable settings where they can be subject to abuse by their massage therapists. Due to the potential for abuse that is inherent under these circumstances, massage therapists must possess good judgment and good moral character in order to safely and professionally practice massage therapy. Massage therapists must also practice according to the standard of care established for their profession.

All massage therapists in Florida are licensed by the Florida Department of Health.  Other states have similar licensing boards.  If your massage therapist ever makes any sexual contact with you, it is a violation of professional ethics and may be a crime.  It could also provide the basis for a civil lawsuit against the spa or employer of the therapist.  In addition to reporting misconduct to law enforcement, if this incident occurs in Florida you can also lodge a complaint with the Department of Health at this website: https://www.flhealthcomplaint.gov

If you have a been a victim of sexual assault in a spa or during a massage, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com

MassageLuXE Chanse Travers Horowitz Law

Massage Therapist’s License Restricted Due to Sexual Misconduct Claim

The Florida Department of Health Board of Massage Therapy has issued an Emergency Order restricting the license of Chanse Travers in response to a sexual misconduct claim involving Travers’ employment at MassageLuXe in Lakewood Ranch, Florida.  As a result of the Order, Travers is immediately prohibited from practicing massage therapy on female clients.

According to the Order, Travers used the massage therapist-patient relationship to engage or attempt to engage a patient in sexual activity when he exposed  and rubbed the patient’s breasts and nipples without her consent and asked to suck on her nipples.  The patient reported the alleged misconduct immediately after the appointment. This incident is reported to have occurred at the MassageLuXe located at 8378 Market Street in Lakewood Ranch, Florida on August 10, 2018.  Travers’ employment at MassageLuXe was terminated on account of this claim.  Travers has been licensed as a massage therapist in Florida since 2009 according to Department of Health records.

We commend this alleged victim for having the courage to come forward to report this incident.  Patients of massage therapists are placed in isolated, vulnerable settings where they can be subject to abuse by their massage therapists.  Due to the potential for abuse that is inherent under these circumstances, massage therapists must possess good judgment and good moral character
in order to safely and professionally practice massage therapy.

If you have a been a victim of sexual assault in a spa or during a massage at Massage Envy, MassageLuXe, Hand & Stone, or any other location offering a massage, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com

Berhane Tafari Oliver

Sexual Battery Charge Filed Against Boynton Beach Massage Therapist

Boynton Beach Massage therapist Berhane Oliver has been criminally charged with sexual battery in connection with unwanted sexual contact he allegedly made with a female client at Healing Hands of Judah during a scheduled 90-minute massage on September 5, 2018.   According to Boynton Beach Police Department records, Berhane Oliver put his hand in his client’s underwear and touched her vaginal area.  He then allegedly penetrated her vagina with his fingers.  The alleged victim told police she immediately told Oliver he was being inappropriate at which time he stopped and apologized.

On September 11, during a control call between the alleged victim and the massage therapist that was recorded by law enforcement, Berhane Oliver admitted to his client that he inappropriately placed his fingers in her vagina.  He also apologized and said he misunderstood what she wanted.  Oliver made a similar admission to police later that same day and even authored an apology letter to the client.

Berhane Oliver, age 38, has been licensed as a massage therapist since 2011.  Healing Hands of Judah is located at 112 South Federal Highway in Boynton Beach.

This is not the first time Behane Oliver has been in trouble with the law.  In July 2015, Berhane Oliver pleaded no contest in Broward County, Florida, to Touch or Strike/Battery/Domestic Violence, a misdemeanor.  In that incident, he was accused of strangling the mother of his two children while on top of her during a domestic altercation while stating “You are not going to take me away from my kids.”  The alleged victim told police she feared for her life.  Oliver was disciplined and fined by the Florida Department of Health in May 2018 for failing to report his 2015 plea agreement.  In addition, the Florida Department of Health recently suspended Oliver’s massage therapist license because he allegedly was not paying his child-support obligations.

Attorney Adam Horowitz has filed numerous sexual misconduct claims against massage therapists on behalf of clients who were inappropriately touched in Florida.  A massage therapist is never permitted to have sexual contact with a client.  If you have a been a victim of sexual assault or sexual battery during a massage at a spa or any location, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz  at adam@adamhorowitzlaw.com

Alfredo Barreras massage sexual

LAKE MARY MASSAGE THERAPIST ACCUSED OF SEXUAL BATTERY

Massage therapist Alfredo Barreras is the most recent employee from Hand & Stone Massage & Facial Spa to be arrested on sexual misconduct charges in Florida.  According to law enforcement records, Barreras admitted to the sexual contact when interviewed by the Seminole County Sheriff’s Office on September 7, 2018.  However, the Seminole County Sheriff’s Office gave notice on November 21, 2018 that they do not intend to file criminal charges against Barreras at this time.  The Florida Department of Health issued an Emergency Order restricting Barreras’ massage therapy license on November 28, 2018 on account of this complaint.

Barreras last worked as a massage therapist at the Hand & Stone spa located at 1210 International Parkway South in Lake Mary.  According to law enforcement records, Alfredo Barreras was arrested in Seminole County, Florida on September 8, 2018 in connection with his alleged unlawful sexual contact with a female client during an appointment on August 7, 2018.  The alleged victim told law enforcement that Barreras touched her vagina, grabbed both of her breasts, and placed his month on both her nipples while she was there for a massage.   Barreras was also interviewed by law enforcement and reported that while he was massaging his client’s leg, his hand touched her vagina.  Barreras also said that while massaging his client’s shoulders, her breasts were exposed and this his mouth was over one of her breasts.  Barrera said he should have walked out of the massage but did not.

There are numerous pending civil lawsuits involving sexual misconduct against Hand & Stone franchises in the State of Florida.  Alfredo Barreras, age 24, has been licensed as a massage therapist in Florida since May 2014.  He has worked as a massage therapist at Hand & Stone since 2015.

We are often contacted by people who want to speak to a lawyer to know what their legal options are after being sexually assaulted by a massage therapist at Hand & Stone.  You have several remedies.  First, you should report the incident to law enforcement to have a proper criminal investigation conducted.  Second, you should contact the Department of Health or other licensing board to alert them of what occurred.  Third, you may wish to consider a civil lawsuit against any one responsible for the sexual assault, including the employer.  Claims may be brought for vicarious liability, negligence, negligent hiring, negligent retention, and negligent supervision among many other claims in a lawsuit.  it is not unusual for the civil lawsuit to be the only available form of justice because there are no criminal charges filed due to the high burden of proof necessary to obtain a criminal conviction.   Each of these remedies serves a different purpose yet work together to assist victims in obtaining justice. Our most important goal at Horowitz Law is to reduce the number of incidents of sexual misconduct and ensure that the perpetrator never has the occasion to commit such an act in the future.

Attorney Adam Horowitz has filed numerous sexual misconduct claims against massage therapists on behalf of clients who were inappropriately touched at Hand & Stone Spa.  A massage therapist is never permitted to have sexual contact with a client.  If you have a been a victim of sexual assault or sexual battery during a massage at Hand & Stone or any other spa, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz  at adam@adamhorowitzlaw.com

Michigan Massage Therapist Nathan Weems Has License Suspended for Sexual Misconduct

Nathan Isaiah Weems’ massage therapy license has been suspended  by Michigan’s Department of Licensing and Regulatory Affairs (LARA) in connection with his sexual misconduct with female clients.  On August 13, 2018, Weems pleaded guilty to six counts of criminal sexual conduct with two women in Macomb County, Michigan.

Nathan Isaiah Weems, of Shelby Township, last worked at the Namaste Massage and Spiritual Wellness massage parlor as a massage therapist, officials said.  Namaste Massage and Spiritual Wellness is located at 14196 Lakeside Blvd. North in Shelby Charter Township, Michigan.

Weems is currently licensed to practice massage therapy in Michigan.  A copy of the Administrative Complaint against Weems is below.

Anyone who has been the victims of sexual assault by a massage therapist or masseuse is entitled to seek justice.  This comes in many forms ranging from removal of the massage therapist’s license to criminal penalties to civil justice and lawsuits seeking compensation. Our law firm represents victims of sexual assault against massage businesses when the business who employed the therapist fails to take reasonable protections to prevent the sexual assault.

Our law firm files civil lawsuits on behalf of victims of sexual misconduct by massage therapists.  If you have a been a victim of sexual assault in a spa or during a massage, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to attorney Adam Horowitz at adam@adamhorowitzlaw.com

Javarous McNealy sexual arrest massage

Port Charlotte Masseur Arrested for Sexual Battery at Massage Envy

Javarous McNealy, a licensed massage therapist working at Massage Envy in Port Charlotte, was arrested on August 29, 2018 in connection with an allegation that he sexually assaulted a male client.  The client reports that he fell asleep during the massage at Massage Envy.  He woke up to find his penis being stroked and his scrotum in McNealy’s mouth.  He immediately confronted McNealy who apologized and left the room.  After arriving at home, the alleged victim contacted the Charlotte County Sheriff’s Office.  Detectives used DNA evidence to make the arrest in the case which arose during an April 2018 massage.  According to law enforcement records, DNA founds on the genitals of the victim matched the DNA collected from McNealy.  After being confronted with the DNA evidence, McNealy admitted to performing oral sex on his client.

According to the Florida Department of Health records, Javarous Lashay McNealy has been licensed since August 2016.  As of the date of his arrest, his license is still active and in good standing.  This highlights the need for better coordination between law enforcement and the Department of Health to ensure that massage therapists cannot remain licensed without restrictions while facing serious criminal charges for sexual misconduct.  Innocent consumers and prospective employers may check a massage therapist’s license status and see it is in good standing and be totally unaware that the massage therapist is facing criminal charges for sexual misconduct.

If you have a been a victim of sexual assault in a spa or during a massage, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com

Hand & Stone sexual lawsuit sandro moliere

Fort Lauderdale Massage Therapist Has License Restricted Due to Alleged Sexual Misconduct

On August 30, 2018, the Florida Department of Health issued an Emergency Order restricting the massage therapy license of Sandro Moliere, who had last been working at Hand & Stone Spa in Fort Lauderdale, Florida.  The Order prohibits Moliere from performing massage therapy on female client.  In the Order, Moliere is accused of making unwanted sexual contact with two female clients at Hand & Stone.  The Department of Health asserts that Moliere therefore represent an “immediate, serious danger to the health, safety, or welfare of the public.”  According to Department of Health records, Sandro Moliere has been licensed as a massage therapist since October 2017.

At Hand & Stone in Fort Lauderdale, Moliere is reported on June 18, 2018 to have removed the underwear of a female client and then removed the draping covering his client’s breasts without her client’s consent.  He then allegedly massaged her breasts in a circular motion.  Moliere’s employment at Hand & Stone was terminated on June 22, 2018 on account of this incident. Thereafter, on July 15, 2018, another female client reported to Hand & Stone that Moliere massaged her breasts without her consent.

Clients of massage therapists are placed in isolated, vulnerable settings where they can be subject to abuse by their massage therapists.   Due to the potential for abuse that is inherent under these circumstances, massage therapists must possess good judgment and good moral character
in order to safely practice massage therapy.  Sadly, we see far too many cases in which massage therapists fail to exercise good judgment and betray the trust they are given.

Attorney Adam Horowitz has filed numerous sexual misconduct claims against massage therapists on behalf of clients who were inappropriately touched at Hand & Stone Spa locations.  A massage therapist is never permitted to have sexual contact with a client.  If you have a been a victim of sexual assault or sexual battery during a massage at Hand & Stone Spa or any other spa location, or if you know someone who has, please contact our law firm for a free consultation at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz  at adam@adamhorowitzlaw.com

Juan Parra arrest massage

Massage Envy Employee Juan Parra Arrested for Sexual Assaults in Royal Palm Beach

Massage therapist Juan Parra is the most recent Massage Envy employee to be arrested on sexual misconduct charges in Florida.  Parra last worked at the Massage Envy franchise located at 11021 Southern Boulevard, Suite 100 in Royal Palm Beach.  According to law enforcement records, Parra was charged in August 2018 with two separate sex crimes (sexual assault and battery) involving two different female clients. In the first incident on March 31, 2018, he is alleged to have made unwanted sexual contact (a misdemeanor) while the incident on April 30, 2018 involves alleged vaginal penetration without consent during the massage.  A third incident was reported to the Palm Beach County Sheriff’s Office on August 31, 2018. That incident is alleged  to have occurred in July  2017 when Parra reported put his fingers inside a client’s vagina according to law enforcement records.

There are over twenty pending civil claims involving sexual misconduct against Massage Envy franchises in the State Florida.  Juan Pablo Parra, age 42, has been licensed as a massage therapist in Florida since October 2016.  According to Parra’s Linkedin biography, Parra worked at Massage Envy in Royal Palm Beach from May 2017 until April 2018.  He also worked as a Spanish language Massage Therapist instructor at QM Career Institute in West Palm Beach.

In July 2018, Len Olah, a massage therapist who worked at the Massage Envy in Winter Garden was arrest on a charge that he committed sexual battery on a female client.  That charge was later dropped by the Orange County State Attorney’s office.

We are often contacted by people who want to know what their legal options are after being sexually assaulted by a massage therapist at Massage Envy.  You have several remedies.  First, you should report the incident to law enforcement to have a proper criminal investigation conducted.  Second, you should contact the Department of Health or other licensing board to alert them of what occurred.  Third, you may wish to consider a civil lawsuit against any one responsible for the sexual assault, including the employer.  Claims may be brought for vicarious liability, negligence, negligent hiring, negligent retention, and negligent supervision among many other claims in a lawsuit.   Each of these remedies serves a different purpose yet work together to assist victims in obtaining justice. Our most important goal at Horowitz Law is to reduce the number of incidents of sexual misconduct and ensure that the perpetrator never has the occasion to commit such an act in the future.

Attorney Adam Horowitz has filed numerous sexual misconduct claims against massage therapists on behalf of clients who were inappropriately touched at Massage Envy.  A massage therapist is never permitted to have sexual contact with a client.  If you have a been a victim of sexual assault or sexual battery during a massage at Massage Envy or any other spa, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz  at adam@adamhorowitzlaw.com