Licensed massage therapist, working out of his home. College girl who has never had a massage gets one. She says that during the massage, he penetrates her with his finger. She doesn't say "no" because she is confused. At some point later she tells him to just stick to the regular parts for the rest of the massage (paraphrasing). He says he did it, cause she was young and pretty. He also says she never indicated he shouldn't. Also says he has had clients that expected it.

Our opinion (aside from "EWWWWW"): weak sexual assault, possible prostitution, anything anyone can think of that could apply? We would really like to get him for something.

I really don't understand why you see this as a weak sexual assault case. In my opinion, this is a very good sexual assault case. All the elements for the offense are present and the defendant confessed. Where do you see a problem with the case?

Concerned with the fact that she never said "no". She never shifted position, etc.

Did she say *yes*?!? This isn't a case where you can find any sort of implied consent. The duty to resist went out the window decades, if not a century ago. I'd charge it without looking back.

Have to agree. Massage is massage. If you could get another massage therapist to testify as to this being outside what is allowed by their profession, you could also get in the damage this type of behavior does to the image of their profession.

I suggest contacting the Department of State Health Services, the licensing agency for massage therapists in Texas. They would be able to provide you information, documentation, and perhaps even a witness to show that this conduct is completely outside the bounds of their licensing, training, and profession.

If nothing else, it would be worthwhile to report this individual to DSHS so they can review his license separate of your potential criminal charges.

DSHS Massage Therapy Home

According to my friends who are massage therapists, this is a HUGE "off limits" area. Most have a paper that they give the client which shows legitimate areas for massage - which include arms, legs, back, neck and head.

Penetration is wholly off limits.

Thanks everyone. He is going to be indicted. We are already in contact with the appropriate licensing boards. And.....other victims are coming forward. Not a great surprise!!!!