Massage Therapist Accused Of Sexual Battery

Getting a massage is supposed to be a relaxing experience, but for some, it can be scary. Sexual battery is something that a person, especially a woman, can face when they are in a vulnerable and partially naked position like they are when in a massage room.

This is allegedly what recently happened in early October. A massage therapist was accused of sexually battering a client at The Mark Spa, located at 14510 SW 8th Street in Miami. He was arrested by the Miami-Dade Police Department.

According to the police report, the client, an unidentified woman, was receiving a massage in the face-down position from the massage therapist, a 30-year-old man. He started groping the woman’s buttocks. He then proceeded to move his hand to the victim’s lower body and penetrate her vagina with his fingers against her will.

According to the woman, the massage therapist also exposed his penis and forced her to grab it. He also allegedly tried kissing her on the lips and licked her right breast.

While the man made a statement to police, it was fully redacted in the report, so it is unknown how he responded to the charge. The man is facing one count of sexual battery on a victim over the age of 18 with no serious injury. He was held on a $10,000 bond at the Turner Guilford Knight Correctional Center.

Elements of Sexual Battery

In Florida, the crime of sexual battery involves non-consensual sexual contact or penetration. Here are the main elements that define sexual battery under state law:

• Lack of consent: The victim did not give consent for the sexual act. Consent is defined as voluntary agreement, and it must not be obtained through force, threats, or coercion.
• Sexual act. Sexual battery involves oral, anal, or vaginal penetration by another person or an object, excluding medical purposes.
• Intent. The accused must have willfully committed the act with the knowledge that it was unwanted and without the victim’s consent.
• Victim’s age. Age plays a significant role in determining the severity of the charge. If the victim is a minor, especially under 12 years old, the charges and penalties are typically more severe.
• Mental and physical incapacity. Sexual battery charges can also apply if the victim was mentally incapacitated, unconscious, or physically helpless at the time of the act, and the offender was aware of the incapacity.

Penalties for sexual battery in Florida range from second-degree felonies to life felonies, depending on the circumstances involved.

Seek Help for Your Criminal Defense Case

Sexual battery is a serious offense in Florida. Such a charge can result in a life sentence.

You need to assemble your criminal defense team as quickly as possible. The Dade City & Zephyrhills sexual battery attorneys from Madonna Law Group have extensive experience in dealing with law enforcement officers and prosecutors during sexual battery investigations. Fill out the online form or call (800) 557-0411 to schedule a consultation.

Source:

local10.com/news/local/2024/10/04/woman-accuses-massage-therapist-of-sexual-battery-in-west-miami-dade/