Sexual assault is a deeply traumatic experience — made even more devastating when it occurs in a space meant for healing, such as during a massage. In recent years, a growing number of survivors have come forward with allegations against massage therapists, prompting important questions about the role of employers in preventing abuse and responding to reports.
Massage businesses in Denver are not just responsible for providing therapeutic services, they also carry a legal obligation to protect clients from foreseeable harm. When that duty is breached, survivors may have grounds to pursue claims against the employer, not just the individual perpetrator.
At Parker Lipman, we believe survivors deserve to understand their rights, including when a massage business can be held legally accountable for the actions of its staff.
Understanding Sexual Assault by Massage Therapists
Under Colorado law (C.R.S. § 18-3-402), sexual assault includes any knowing, non-consensual sexual penetration or contact. Sexual assault in a massage setting often involves non-consensual contact masked as therapeutic touch. Common forms of misconduct in massage settings include:
- Non-consensual contact with intimate areas of the body.
- Pressure to remove more clothing than necessary.
- Inappropriate draping or exposure.
- Sexualized comments or behavior during the session.
Legal Framework Governing Employer Liability in Colorado
While the individual therapist may face criminal charges, the massage business can also be held accountable in civil court under Colorado negligence laws.
Massage establishments have a duty to:
- Carefully vet employees during the hiring process.
- Supervise and train staff appropriately.
- Respond to client complaints in a timely and responsible manner.
These obligations stem from general tort principles and are informed by regulatory requirements from the Colorado Department of Regulatory Agencies (DORA), which oversees licensing for massage therapists. Employers who breach these duties may be found liable for negligent hiring, negligent supervision, or negligent retention, even if they were not directly involved in the assault.
Grounds for Employer Liability
There are several legal grounds on which an employer might be held responsible for sexual assault committed by a massage therapist:
Negligent Hiring
Colorado law requires massage therapists to complete at least 650 hours of training and pass a fingerprint-based background check. If an employer skips this vetting process or hires someone with a known history of misconduct, they may be liable for negligent hiring.
Negligent Supervision
Massage businesses are expected to supervise their staff, ensure compliance with ethical standards, and monitor client feedback. A failure to train staff or follow up on warning signs may constitute negligent supervision.
Negligent Retention
If a business continues to employ a therapist after credible reports of misconduct — or if it rehires someone known to have violated boundaries — it may be liable for negligent retention.
Failure to Respond to Complaints
Even if a therapist was appropriately hired, the employer can still be liable if it fails to investigate or act on client complaints. Ignoring or minimizing allegations puts others at risk and weakens the business’s legal defense.
Reporting Sexual Assault & Employer Obligations
Colorado law imposes both ethical and legal obligations on massage businesses to take prompt and responsible action when allegations of sexual misconduct arise. Employers are expected to maintain accurate records of licensure and employee conduct, and to take seriously any reports involving client safety or professional violations. These standards are not merely recommendations — they are enforceable duties tied to the business’s ability to operate lawfully.
When misconduct is reported or suspected, employers are required to notify DORA, particularly in cases involving ethical breaches or potential harm to clients. Businesses must also cooperate with investigations carried out by licensing authorities and law enforcement. Failing to report, investigate, or act on such allegations can significantly increase an employer’s liability and may lead to disciplinary or regulatory consequences.
Victim's Legal Rights & Remedies Against Employers
Survivors of massage-related sexual assault in Denver have the right to pursue civil action against the therapist’s employer in addition to filing criminal charges. Civil lawsuits may seek damages for emotional distress, cost of medical or psychological treatment, lost wages or income, and pain and suffering.
Colorado has extended the statute of limitations in many sexual assault cases, allowing survivors to come forward even years later. However, speaking with a Denver personal injury attorney as early as possible can help preserve evidence and clarify the scope of legal remedies.
Parker Lipman Supports Survivors Seeking Justice & Accountability in Denver, CO
Massage therapy should be a space for healing, not harm. Employers in Denver have a clear legal and ethical duty to screen their staff, respond to client concerns, and create an environment where misconduct is neither tolerated nor ignored.
Parker Lipman is committed to helping survivors understand their rights and navigate their legal options with compassion and professionalism. To speak with a Denver sexual assault lawyer in confidence, contact us today.