A customer has filed suit against Massage Envy, its managers, and a therapist for a sexual assault she says occurred during a massage at the chain’s Medford location. According to the Boston Globe, the woman reported the assault to the manager on March 3, 2021, but the manager took no action. Two days later, the same therapist allegedly raped another customer.
The lawsuit argues that the company was negligent in hiring and supervising its therapists and violated consumer protection laws by claiming that its spas are safe. In addition, the woman has sued massage therapist Gilberto DaSilva for assault and battery. DaSilva was not criminally prosecuted in this case because law enforcement was already pursuing rape charges on behalf of the second woman, according to the report.
Medford Massage Envy Therapist
The Globe revealed that this was not the first time DaSilva was accused of assaulting a woman. In 2004, when he ran a cleaning company, an employee accused DaSilva of sexually assaulting and harassing her on the job. Criminal charges were eventually dropped, but the Massachusetts Commission Against Discrimination ordered him to pay $164,000.
According to an NBC10 Boston investigation, DaSilva was not required to disclose that case when the state licensed him to practice as a massage therapist. He did have to pass a criminal and sex offender background check, however. He is currently awaiting trial on the rape case.
Reported Sexual Assaults at Massage Envy
One of the largest chains of massage franchises in the U.S., Massage Envy has 24 locations in Massachusetts and over 1,150 nationwide. More than three years before the incidents in Medford, a BuzzFeed News investigation revealed that over 180 women had reported sexual assaults at Massage Envy spas across the country.
In one case, a therapist pleaded guilty to assaulting nine women in less than a year while working at a Massage Envy in Pennsylvania. The spa had received previous complaints about the therapist’s inappropriate touching, but apparently didn’t act until one woman called the police. The BuzzFeed report indicated that many women reporting assaults have had similar experiences, saying their claims were mishandled or ignored by the individual Massage Envy spas and the national company.
In a statement to BuzzFeed News, Massage Envy said the company holds franchise owners accountable to corporate policies. BuzzFeed, however, found that Massage Envy’s policies on reporting improper conduct “do more to protect the company brand than to ensure customer complaints are handled appropriately.”
Massachusetts Sexual Assault Lawyers
If you were sexually assaulted at a spa or any other business, you may qualify to pursue a case against the abuser as well as the company that employed them. At Altman & Altman LLP, we help hold businesses accountable if they negligently fail to recognize and remove dangerous employees.
Altman & Altman LLP has represented many sexual assault victims in Massachusetts and we understand the sensitive nature of such cases. Our skilled, compassionate attorneys will stand by you every step of the way. So contact us today for a free consultation on your Massachusetts sexual assault lawsuit.