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

Marco Davila Horowitz Law

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.