Experiencing sexual assault in any setting is deeply distressing and traumatic. When such an incident occurs in a place where you sought care and peace — such as a massage business — the violation of trust can be especially profound.
In Colorado, public scrutiny has brought attention to sexual misconduct incidents within massage therapy environments. Investigative reports uncovered at least three alleged sexual assaults at a popular massage chain across the state over the past five years, part of a nationwide pattern revealing over 180 women accusing therapists at the chain of sexual misconduct. Despite state regulations requiring massage therapists to undergo background checks and maintain licensure through the Colorado Department of Regulatory Agencies (DORA), reports indicate that complaints filed with massage businesses are not always reported to law enforcement or regulatory authorities — leaving victims uncertain about how to seek justice
At Parker Lipman, we understand the courage it takes to confront such an experience. This guide aims to provide clear, actionable information, empowering you to navigate the aftermath with knowledge and support.
Defining Sexual Assault & Boundary Violations
In Colorado, C.R.S. § 18-3-402 defines "Sexual Assault" as when a person knowingly inflicts sexual penetration or sexual intrusion on a victim without the victim's consent. Consent, in this context, means affirmative, conscious, and voluntary agreement to engage in sexual activity. Lack of consent can be established through various circumstances, including physical helplessness, intellectual disability, or when the perpetrator uses force, threats, or manipulation.
Beyond the criminal definition, professional regulatory guidelines for massage therapists in Colorado establish clear boundaries. These guidelines emphasize that massage therapists must maintain professional boundaries, which include respecting client privacy, dignity, and personal space. Any non-consensual touching, verbal propositions, or actions that go beyond the therapeutic scope of massage are considered severe boundary violations and can constitute sexual assault or unlawful sexual contact.
Common Inappropriate Behaviors
In massage environments, clients are often in vulnerable physical and emotional states, which can unfortunately be exploited. Understanding these behaviors is crucial for recognizing when boundaries have been violated. Common inappropriate behaviors include:
- Non-consensual touching. This is the most prevalent form, involving a massage therapist touching areas of the body that are not part of the agreed-upon therapeutic massage without explicit consent or for non-therapeutic purposes.
- Unwanted exposure. Deliberate or negligent exposure of a client's private areas beyond what is necessary for the massage and draping protocols.
- Verbal propositions. Making sexually suggestive comments, asking inappropriate personal questions, or attempting to initiate sexual conversations.
- Ignoring requests. Continuing to touch or perform actions after a client has expressed discomfort, asked them to stop, or indicated a desire for the massage to end.
- Exploitation of power dynamics. Using the position of authority or trust to coerce or manipulate a client into uncomfortable or non-consensual situations.
Immediate Actions to Take After an Incident
The moments immediately following a sexual assault can be disorienting and overwhelming. Prioritizing your safety and well-being is paramount. If you are still in the massage business and feel unsafe, your immediate priority is to exit the premises as quickly and safely as possible and go to a secure location.
Once safe, reaching out for help is crucial. Denver's rape crisis center, The Blue Bench, recommends contacting a crisis hotline like theirs or RAINN, as these organizations offer confidential support, discuss your options, and connect you with local resources.
Additionally, seeking medical attention is vital, even without visible injuries, to address potential physical harm, sexually transmitted infections, or pregnancy concerns, and to document the assault. Hospitals and Sexual Assault Nurse Examiners (SANEs) are trained to provide compassionate care and collect evidence.
Guidelines for Preserving Information If You Choose to Report
Documenting details and preserving evidence can be vital if you choose to report the assault to law enforcement or pursue legal action. While it may feel difficult in the immediate aftermath, these steps can strengthen a potential case.
Support organizations on assault response often provide guidance on this. It is generally recommended to preserve any clothing worn during the assault in a paper bag. Seeking a SANE examination can be crucial, as these professionals can perform a forensic medical examination to collect physical evidence, which can be stored anonymously if you are unsure about immediate police involvement.
As soon as you are able, document all remembered details of the incident. This includes the date, time, and specific location, the name of the massage therapist and business, a detailed description of what happened, characteristics of the perpetrator, names of any witnesses, and any immediate physical pain or injuries. Additionally, preserving any related communications and keeping records of medical appointments, counseling sessions, or other expenses incurred can be beneficial.
Remember, your well-being comes first; you are not obligated to take all these steps, but they can be helpful if you decide to pursue further action.
Reporting Sexual Assault in Denver
Deciding whether and how to report sexual assault is a deeply personal choice. There are multiple avenues for reporting in Denver, each with different implications.
- Law Enforcement. You can report sexual assault to the Denver Police Department (DPD). You can do this by calling 911 if you are in immediate danger or by calling their non-emergency line. When reporting to law enforcement, an investigation will typically be initiated, which may involve interviews, evidence collection, and potentially criminal charges against the perpetrator.
- Anonymous Reporting. If you are not ready to involve law enforcement directly, or if you wish to explore your options confidentially, you can contact a Denver rape crisis center like The Blue Bench. They can provide confidential support, discuss the reporting process, and help you understand your rights without requiring you to make an immediate decision about involving the police.
- Filing with Licensing Boards. In addition to criminal reporting, you can file a complaint with the Colorado Department of Regulatory Agencies (DORA) Office of Massage Therapy. DORA is responsible for licensing and regulating massage therapists in Colorado. A complaint can lead to an investigation into the therapist's professional conduct, potentially resulting in disciplinary action against their license, such as suspension or revocation. This process is separate from a criminal investigation and focuses on professional misconduct.
Moving Forward: Legal Options for Survivors in Denver, CO
For those who have experienced personal injury in the form of sexual assault in a massage business, understanding the legal landscape is an important part of the path forward. At Parker Lipman, our Denver sexual assault massage business attorneys handle these cases with the discretion, care, and seriousness they require. Our team is available to explain how Colorado law applies to your situation and help you navigate your options at your pace. If you’re considering legal action or just want to understand what steps are available, we invite you to reach out for a confidential consultation.