Sexual Abuse During a Massage: Do I Have a Lawsuit in Texas?
Yes, if a massage therapist sexually touched you in Texas, you likely have grounds for a civil lawsuit. Texas law allows victims of sexual misconduct to sue the therapist personally, the spa or clinic that employed them, and in some cases, the franchise or corporate owner. You may be entitled to compensation for medical bills, therapy costs, lost wages, and pain and suffering.
What happened to you was not your fault. A massage therapy session requires trust. You were in a vulnerable position, and someone violated that trust in one of the worst ways possible. Texas law takes this seriously, and you have legal options to hold the responsible parties accountable and recover compensation for what you’ve been through.
At Varghese Summersett, our personal injury attorneys have helped sexual assault survivors pursue justice through the civil court system. We understand how difficult it is to come forward, and we handle these cases with the discretion and compassion you deserve.
What Should You Do If a Massage Therapist Touches You Inappropriately?
If a massage therapist sexually touched you, your first priority is your safety and wellbeing. Here’s what to do:
Leave immediately. While you can report it to management immediately, you are not required to. You do not owe anyone an explanation. Trust your instincts. If something felt wrong, it was wrong. Don’t go back. Instead, contact law enforcement and then an attorney.
Preserve evidence. If you are reading this immediately after, do not shower or change clothes. Take photos of any visible injuries. Write down exactly what happened while the details are fresh, including the therapist’s name, the business name, and the date and time.
Seek medical attention. Go to an emergency room or your doctor. Medical records create documentation that can support your case later.
Report to law enforcement. Filing a police report creates an official record. You can do this even if you’re unsure about pressing criminal charges. The report itself helps establish what happened.
File a complaint with TDLR. The Texas Department of Licensing and Regulation oversees massage therapists. Filing a complaint can result in the therapist losing their license and prevent them from harming others. This is also something your attorney can help you with.
Contact a personal injury attorney. A civil lawsuit is separate from any criminal case. You can pursue compensation even if the prosecutor decides not to file charges, or if the criminal case doesn’t result in a conviction.
What Is Considered Sexual Misconduct from a Massage Therapist?
Under Texas law and TDLR regulations, massage therapists must maintain strict professional boundaries. Sexual misconduct includes any sexual contact during a massage therapy session, whether or not the client “consented” at the time. Texas recognizes that the power imbalance in a therapeutic relationship makes true consent impossible.
Conduct that may support a civil lawsuit includes:
- Touching of breasts, genitals, or buttocks without a legitimate therapeutic purpose. Legitimate massage therapy does not require contact with these areas in most circumstances, and when it does (such as glute work for athletes), it requires explicit informed consent beforehand.
- Exposing the client’s private areas unnecessarily. Proper draping protocols require that only the area being worked on is uncovered.
- The therapist exposing themselves or touching the client inappropriately.
- Sexual propositions or requests during the session.
- Penetration of any kind, which constitutes sexual assault under Texas Penal Code § 22.011.
- Touching that begins as a legitimate massage but progresses to sexual contact.
- Creating a situation where the client feels coerced or unable to refuse. For example, a therapist who locks the door, makes the client feel trapped, or uses their position of authority to pressure the client into compliance.
Even a single incident can form the basis of a lawsuit. You do not need to prove a pattern of behavior, though evidence that the therapist did this to others can strengthen your case.
How Does TDLR Regulate Massage Therapists in Texas?
The Texas Department of Licensing and Regulation (TDLR) licenses and regulates massage therapists under Texas Occupations Code Chapter 455. TDLR establishes standards of conduct, investigates complaints, and has the authority to revoke licenses.
TDLR rules specifically prohibit:
- Sexual contact with a client, regardless of who initiated it.
- Engaging in sexual activity with a client during a session.
- Draping violations that expose the client’s genitals, buttocks, or breasts without consent.
- Any behavior that could be perceived as sexual by a reasonable person.
Filing a TDLR complaint serves two purposes. First, it creates an official government record of what happened, which supports your civil case. Second, it protects future victims by potentially removing the therapist’s license.
However, a TDLR complaint alone does not get you compensation. TDLR can discipline the therapist, but it cannot order them to pay you damages. For financial recovery, you need a civil lawsuit.
Our attorneys can help you file the TDLR complaint as part of a comprehensive strategy that includes pursuing civil damages from everyone responsible.
Who Can You Sue After Sexual Abuse by a Massage Therapist?
Texas law allows you to pursue claims against multiple parties. The goal is to identify everyone whose negligence contributed to what happened, and everyone with the financial resources to compensate you fairly.
The Massage Therapist
You can sue the individual therapist for assault, battery, and intentional infliction of emotional distress. The therapist is personally liable for their actions. However, individual therapists often lack significant assets or insurance coverage, which is why identifying other defendants matters.
The Spa, Clinic, or Massage Business
Under Texas law, employers can be held vicariously liable for employees’ actions committed within the scope of employment. A spa may also be directly liable if it was negligent in hiring, training, or supervising the therapist.
For example, if the spa hired a therapist without verifying their TDLR license, ignored previous complaints, failed to train staff on appropriate boundaries, or created conditions that allowed abuse to occur (like rooms without proper oversight), the business itself is responsible.
Franchise or Corporate Owners
National massage chains like Massage Envy, Hand & Stone, or Elements Massage operate through franchise models. Depending on how much control the corporate parent exercises over franchisees, the parent company may share liability. These corporate defendants often have substantial insurance policies and assets.
In recent years, major massage franchises have faced hundreds of lawsuits over sexual misconduct. Courts have found that franchisors who mandate training protocols, set operational standards, and control the customer experience can be held responsible when those systems fail to prevent abuse.
Property Owners
In some cases, the landlord or property owner may share liability if inadequate security contributed to what happened, particularly in cases involving independent contractors operating in shared spaces.
Our attorneys investigate every potential defendant to maximize your recovery. We look at corporate structures, insurance policies, and prior complaints to build the strongest possible case.
What Are the Deadlines (Statutes of Limitations) for Filing a Lawsuit?
Texas imposes strict deadlines for filing civil lawsuits. If you miss these deadlines, you lose your right to sue, no matter how strong your case.
For sexual assault claims: Texas Civil Practice and Remedies Code § 16.0045 provides a 30-year statute of limitations for civil claims arising from sexual assault, as defined under Texas Penal Code § 22.011 or § 22.021. This extended timeline recognizes that survivors often need years to process trauma before coming forward.
For general personal injury claims: If the conduct doesn’t meet the legal definition of sexual assault but still constitutes battery or negligence, the standard two-year statute of limitations under Texas Civil Practice and Remedies Code § 16.003 may apply.
For claims against government entities: If the massage took place at a government-owned facility, you must file a notice of claim within six months under the Texas Tort Claims Act.
The distinction between a 2-year and 30-year deadline often depends on exactly what happened. Don’t try to figure this out yourself. Contact an attorney as soon as possible to understand which deadline applies to your situation.
Even with longer deadlines, acting quickly helps your case. Witnesses’ memories fade, businesses close, and evidence disappears. The sooner you contact an attorney, the better positioned you’ll be.
Who Pays If a Massage Therapist Sexually Abuses You?
When you win a civil lawsuit or reach a settlement, the money typically comes from insurance policies, business assets, or the personal assets of the defendants.
Liability insurance: Most legitimate massage businesses carry general liability insurance. These policies often cover claims arising from employee misconduct, though insurers sometimes dispute coverage for intentional acts. An experienced attorney knows how to navigate coverage disputes and maximize insurance recovery.
Business assets: If insurance is insufficient or unavailable, you can pursue the business’s assets directly. This includes bank accounts, equipment, real estate, and accounts receivable.
Franchise/corporate resources: When corporate defendants share liability, their substantial insurance policies and corporate assets become available to compensate you.
Personal assets: Individual therapists can be held personally responsible, though collecting from individuals is often difficult if they lack assets.
Our firm investigates every potential source of recovery before recommending a strategy. We’ve seen cases where the apparent defendant (the individual therapist) had no money, but the corporate structure above them had millions in coverage.
What Compensation Can a Texas Civil Lawsuit Seek?
Texas civil lawsuits for sexual abuse can seek several categories of damages:
Economic Damages
These are your measurable financial losses: medical bills for treatment related to the assault, therapy and counseling costs (both past and future), lost wages if you missed work, loss of earning capacity if the trauma affects your ability to work long-term, and any other out-of-pocket expenses directly caused by what happened.
Non-Economic Damages
These compensate for harms that don’t have a specific dollar amount: physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, damage to personal relationships, and the ongoing psychological impact of being violated by someone you trusted.
Non-economic damages often represent the largest portion of recovery in sexual abuse cases. The trauma doesn’t end when you leave the massage table. Survivors frequently experience PTSD, anxiety, depression, difficulty with intimacy, and lasting fear that affects every aspect of their lives. Texas juries understand this and have awarded substantial non-economic damages in similar cases.
Exemplary (Punitive) Damages
Under Texas Civil Practice and Remedies Code Chapter 41, you may recover exemplary damages if the defendant acted with malice, gross negligence, or fraud. Sexual assault typically qualifies. Punitive damages are designed to punish particularly bad conduct and deter others from similar behavior.
Texas caps exemplary damages in most cases at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages (up to $750,000). However, these caps do not apply when the defendant committed certain felonies, which may include sexual assault.
Common Questions About Massage Therapy Sexual Abuse Lawsuits
Can I sue even if the therapist wasn’t criminally charged?
Yes. Civil and criminal cases are completely separate. Criminal cases require proof “beyond a reasonable doubt.” Civil cases only require proof by a “preponderance of the evidence” (more likely than not). Many survivors win civil cases even when prosecutors decline to file charges or criminal cases end in acquittal.
What if I froze and didn’t say “no” or fight back?
Freezing is a normal trauma response. It does not mean you consented. Texas law recognizes that victims often cannot resist or protest during an assault. Your case is not weaker because you didn’t fight back.
Will I have to testify in court?
Most civil cases settle before trial. If your case does go to trial, yes, you would likely need to testify. However, your attorney will prepare you thoroughly and be by your side throughout the process. Many survivors find that telling their story in a setting where they’re believed and supported is actually part of healing.
How long does a lawsuit take?
Every case is different. Simple cases against well-insured defendants sometimes settle in months. Complex cases involving multiple defendants, coverage disputes, or trials can take two years or more. Our attorneys work to resolve cases as efficiently as possible while still maximizing your recovery.
Can I remain anonymous?
Texas allows plaintiffs in sexual assault cases to proceed under a pseudonym (like “Jane Doe”) in some circumstances. We can discuss privacy protections during your consultation.
Get Help from an Experienced Texas Personal Injury Attorney
What happened to you during that massage was a violation of your body, your trust, and your sense of safety. You deserve to be heard, believed, and compensated for what you’ve been through.
At Varghese Summersett, we’ve helped sexual assault survivors hold their abusers and the businesses that enabled them accountable. We understand the courage it takes to come forward, and we handle these cases with the sensitivity and discretion you deserve.
Our personal injury team will investigate what happened, identify every responsible party, and fight to get you full compensation for your injuries. We work on a contingency fee basis, which means you pay nothing unless we recover money for you.
Call Varghese Summersett today at (817) 203-2220 for a free, confidential consultation. We’ll listen to your story, explain your options, and help you decide the best path forward. You don’t have to go through this alone.
