In Texas, a sexual assault survivor can bring a civil lawsuit against massage therapists who touch them inappropriately or the company that hired them. A civil claim is separate from a criminal prosecution, as the civil process focuses on whether the evidence supports a legally recognized claim and what damages may be available.
At Crowe Arnold & Majors, LLP, our attorneys represent survivors seeking accountability through the civil justice system. No compensation can undo a massage therapist’s sexual assault lawsuit in Texas. However, it is the first step toward justice, even when criminal charges were never filed or did not result in a conviction.
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Yes, a Massage Therapist Can Be Sued. Here’s How It Works
In Texas, survivors of sexual assault have the legal right to file a civil lawsuit directly against a massage therapist who subjects them to non-consensual sexual contact or assault. Texas regulates massage therapy through the Texas Department of Licensing and Regulation (TDLR), and state rules specifically prohibit sexual contact during a massage therapy session. TDLR also identifies sexual contact during a session as a disciplinary violation.
Texas law recognizes a five-year limitations period for certain personal injury claims arising from sexual assault under Texas Civil Practice and Remedies Code Section 16.0045. The specific deadline and any applicable exceptions may depend on the facts, but our experienced Dallas sexual assault victim lawyers can help.
“A person who experiences sexual assault during a massage should not have to carry the burden alone. Texas law provides civil avenues for accountability, and the circumstances surrounding the therapist, the business, and prior complaints may all matter. Survivors deserve an opportunity to have those facts investigated and their legal rights evaluated.”
–Crowe Arnold & Majors, LLP
Can You Also Sue the Spa or Massage Chain?
Depending on the circumstances, you may also have a claim against the spa or massage business if negligent hiring or other company factors contributed to the harm. For example, a claim for massage spa negligent hiring in Texas arises when a business fails to properly screen or investigate an applicant prior to employment, whereas failing to oversee or remove a dangerous therapist constitutes negligent supervision or retention.
The licensing framework also provides important context. Massage establishments in Texas must be licensed and can employ only licensed massage therapists. Establishments also undergo criminal-history screening requirements for certain owners and controlling individuals.
Texas courts have recognized negligent hiring and supervision claims where an employer’s failure to exercise reasonable care contributes to harm caused by a worker. These claims generally require evidence of a duty, a breach, and a causal connection between the employer’s conduct and the injury. Our massage therapist sexual assault lawyers in Dallas can help you prove it.
What Does a Civil Lawsuit Against a Massage Therapist Look Like?
A civil claim to sue a massage therapist in Texas typically begins with an investigation into what occurred and who may be legally responsible. Evidence for a massage therapist’s sexual assault lawsuit in Texas may include:
- Treatment records
- Communications with the business
- Appointment information
- Witness accounts
- Complaints involving the therapist
- Licensing records
A civil case may end with settlement negotiations or proceed to litigation. The process depends on the available evidence, the legal claims involved, the defendants, and whether the at-fault party accepts liability.
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What Compensation Can Survivors Recover?
Damages in a civil sexual assault case may include economic and non-economic losses.
Texas law defines noneconomic damages to include losses such as physical pain and suffering, mental or emotional anguish, disfigurement, physical impairment, and other nonpecuniary losses.
In some circumstances, exemplary damages may also be available. Texas law generally requires clear and convincing evidence of fraud, malice, or gross negligence for exemplary damages. However, under Texas Civil Practice & Remedies Code § 41.008(c), statutory caps on punitive damages may not apply to claims arising from intentional sexual assault.
The value and availability of damages depend on the specific facts. While prior results do not determine what another survivor may recover, Crowe Arnold & Majors, LLP’s case results show hundreds of millions of dollars recovered in verdicts and settlements.
What Should You Do After a Massage Therapist’s Sexual Assault in Texas?
If you experienced sexual assault during a massage, seek immediate medical care to protect your health and preserve critical forensic evidence. You may also consider reporting the assault to law enforcement alongside preserving appointment records, receipts, and communications.
You may report the conduct to TDLR. The agency accepts administrative complaints regarding licensed massage therapists and establishments, provided the complaint is formally filed in writing within TDLR’s two-year administrative deadline.
Crowe Arnold & Majors, LLP reviews these circumstances, identifies potentially responsible parties, and explains the legal options that may apply. Our Dallas massage therapist sexual assault attorney can work with you to determine whether you have a civil claim.
No Fee Unless We Win!
If You’re Ready, We’re Here for a Free Consultation
Are you considering a massage therapist’s sexual assault lawsuit in Texas? Schedule a free, confidential case evaluation with Crowe Arnold & Majors, LLP.
We handle qualifying cases on a contingency-fee basis, meaning there is no attorney fee unless we recover compensation for you.
