Lawsuit filed against Massage Envy for sexual battery
WILMINGTON, NC (WECT) - A lawsuit was filed Monday morning against Massage Envy in connection to sexual assault.
Two women say they were both assaulted by the same massage therapist at the Mayfaire Town Center location in November 2015, just six days apart. They allege the second assault happened after the first victim complained several times to management.
The lawsuit says a woman ended her massage early Nov. 15, 2015 after “experiencing extreme discomfort and fear." The alleged victim’s daughter was getting a massage from a different therapist in the same room at the time who noticed the woman’s discomfort. He told her to notify management of the incident. A police report was filed on Dec. 1, 2015.
Another woman reported being touched inappropriately during a massage Nov. 21, 2015. She “laid on the table, frozen with shock and extreme fear,” according to the lawsuit. The alleged victim and her husband called the police at that time.
According to the District Attorney’s office, Joey Lee Diaz is charged with sexual battery in both cases and has not yet been convicted in either case.
At the time of the reported assaults, Massage Envy released the following statement:
Massage Envy and its franchisees take any allegation of inappropriate conduct very seriously. Our Code of Conduct and Zero Tolerance Policy requires that any allegation of inappropriate conduct will be fully investigated by the franchisee, and the therapist involved is suspended during the pending investigation. If it is determined that a Zero Tolerance Offense has occurred, the therapist will be restricted from being employed by any Massage Envy franchised locations.
According to the lawsuit, Plaintiffs say the Wilmington franchise and Massage Envy Franchising ignored or mishandled the reports of sexual misconduct.
Anyone who may have been assaulted is asked to contact law enforcement.
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