Lexington spa failed to protect massage customer from sexual assault, lawsuit says
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- A lawsuit alleges Lexington Massage Envy failed to protect a customer from sexual assault.
- Lawsuit alleges Massage Envy concealed reports by handling them internally to protect the brand.
- Lawsuit asserts Massage Envy handled assault complaints internally instead of notifying authorities.
A Lexington spa failed to protect a customer from a sexual assault by one of its massage therapists, according to a lawsuit filed Friday.
The lawsuit, filed in Fayette Circuit Court, comes about a month after Caleb Howard, 25, of Frenchburg, was charged with first-degree sexual abuse after police say he masturbated while giving a woman a massage. He worked for Massage Envy on Bryant Road in the Hamburg area, according to court documents.
The lawsuit says the spa, its owner and Massage Envy’s franchise failed to protect an unidentified plaintiff from sexual assault and provide a safe environment. The lawsuit also made broader claims against the company, saying it knew of widespread sexual-misconduct allegations and attempted to handle them internally to protect the company.
“This case involves a serious breach of trust with the public by a company that unfortunately has a long history of similar complaints,” Christopher Goode, an attorney representing the plaintiff in the lawsuit, said in a statement to the Herald-Leader.
Goode and the plaintiff are seeking unspecified compensatory and punitive damages, a jury trial and any other relief deemed appropriate by the court.
There is no scheduled hearing in the lawsuit. A spokesperson for Massage Envy in Hamburg directed the Herald-Leader to contact the company’s national media spokesperson, who did not immediately respond to a request for comment.
Howard’s case was sent to the Fayette County grand jury April 14. He was released from jail March 20 after posting a $5,000 bond, according to court records.
More details about plaintiff’s claims
The incident at the Massage Envy on Bryant Road happened March 14. According to the suit, the victim had gotten several massages at the spa before, but never from Howard.
After Howard was caught, he fled the room, and the spa’s manager helped the victim, according to his arrest citation. Police later spoke to Howard, and he admitted to the allegations.
The company did not report the incident to law enforcement or the Kentucky Board of Licensure for Massage Therapy, according to the suit. The victim reported it to police, who eventually charged Howard with sexual abuse.
The Lexington spa’s response to the incident matches a pattern made by other Massage Envy franchises to conceal sexual assault allegations in an effort to protect the brand, according to the suit. Goode further claimed there are hundreds of known sexual assaults reports by Massage Envy therapists across the country, but the company has conspired to handle the reports internally so they never become public.
Massage Envy has created policies and procedures to handle sexual assault allegations against massage therapists “in house,” according to the lawsuit. Employees are also encouraged to not report allegations to local law enforcement or state massage therapy boards with the goal to “avoid police and keep membership.”
Massage Envy also has a “zero tolerance” policy, but the lawsuit claims the policy is not being followed. Massage therapists often keep their jobs after being accused of sexual assault and sometimes go on to commit more abuse, according to the lawsuit.
“To that end, Massage Envy created a procedure wherein a woman who has just complained of inappropriate conduct, or having been sexually assaulted, is sent out the door of Massage Envy with only the mere ‘promise to investigate and take appropriate action,’” the lawsuit says. “‘Appropriate action’ is the Massage Envy employee completing an internal incident report and emailing a copy to the Corporate Office.”
Goode said he believes there are other victims in Lexington who has suffered from similar behavior.
“This lawsuit was filed in part to alert the public to this alleged ongoing malfeasance by Massage Envy and its affiliates,” Goode said in his statement.
