Roles in sex assault are at heart of trial
Jurors in a Harris County civil trial this week must consider whether a Texas spa chain and a Woodlands franchise owner should be held responsible for the sexual assault of a customer by a massage therapist during a 2017 session.
The former therapist, Mario Rubio, was convicted in 2018 and is serving an 18-year prison term in the assault of a Montgomery County client. The customer, a 53-year-old mother of three, sued Massage Heights and Eric Oliver, the owner of several franchises including the now-closed Alden Bridge spa where the assault occurred.
The trial began Thursday morning.
An investigation by the Houston Chronicle found at least 24 reports that Massage Heights therapists across the U.S. had made sexual contact with clients since 2010, including at least nine accusations of unwanted contact at seven out of 24 franchises across the Houston area.
The Chronicle identified three men who were convicted of having sexual contact with four local customers since 2011 and another three men who had pending cases in four alleged assaults.
The investigation also identified six Massage Heights therapists in Texas who since 2012 have had their licenses revoked or have been fined by the state’s regulatory agency after allegations they made sexual contact with clients. Another six Massage Heights employees have received disciplinary sanctions in other states since 2010 because of sexual contact with customers.
A spokesperson for Massage Heights Franchising LLC told the Chronicle this year the the company “strongly believes that we play a role in assisting franchisees in ensuring the health and safety of the thousands of members and guests” and that the company “has a zero tolerance policy for conduct that is sexual in nature at franchisees’ retreats.”
The company has made similar statements in the wake of various sexual assault charges against its massage therapists around the country, mentioning in these cases the company has a “zero tolerance” policy about inappropriate touching.
A massage expert testified that after a previous report of inappropriate touching in Alden Bridge, the franchisee should have taken immediate action.
He said the company should have trained the franchisee in how to screen and train employees to avoid these situations.
An attorney for Massage Heights Franchising said in her opening statement that the problem was not with the umbrella company.
“We have rules and they are clearly defined,” she said. “We have a rule that there is no breast massage, there is no genitalia massage. It is not permitted. … It just doesn’t happen. Not part of business model.”
The massage customer will have to show there has been a pattern of negligence and insufficient training and prevention by the company and its franchise.