Howard Lotspeich Alexander & Williams explains how Texas victims of sexual assault in massage settings can hold therapists and spas accountable through civil claims.
When you book a massage, you’re placing tremendous trust in a licensed professional. If that trust is violated through any form of sexual contact or exploitation, you’re not only dealing with trauma—you’re suddenly navigating medical, legal, and financial decisions you never asked for. This guide explains what Texas law says, who may be held civilly liable, deadlines that apply, and how a civil case works, so you can make informed choices about healing and accountability.
First Things First: Texas Law Prohibits Sexual Contact in Massage Settings
Texas strictly bans sexual contact in massage establishments. State rules make it unlawful for an establishment to allow any person—including a therapist or client—to engage in sexual contact on the premises, and they bar nudity and other sexualized conditions during services. These rules sit on top of the criminal laws against sexual assault.
Massage therapists in Texas are licensed under Occupations Code Chapter 455, and the Texas Department of Licensing & Regulation (TDLR) enforces these rules and can sanction or shut down violators. You can also file an administrative complaint with TDLR (this is separate from a civil lawsuit).
What Counts as Sexual Assault in This Context?
Under the Texas Penal Code §22.011, sexual assault includes penetration or certain sexual contact without consent, and the law recognizes power-imbalance scenarios (e.g., certain health or mental-health provider dynamics) as “without consent.” While a massage therapist is not automatically treated as a “health care services provider,” many cases still qualify as sexual assault because consent is absent, coerced, or otherwise invalid.
Importantly, Texas massage rules also require specific, written consent before any breast massage of a female client—anything else is outside the rules. Violations of these professional standards can support your civil case.
Who Can You Sue?
Depending on the facts, you may have civil claims against:
- The individual massage therapist (intentional torts such as sexual assault/battery; intentional infliction of emotional distress).
- The spa or massage establishment for:
- Negligent hiring/retention/supervision (e.g., ignoring red flags, failing to run proper checks, poor oversight or policies).
- Failure to follow state rules and industry standards (policies about draping, privacy, chaperoning, consent, complaint handling).
- Vicarious liability (respondeat superior) in rare scenarios where the business can be legally tied to the employee’s conduct. (Often sexual assault is considered outside the scope of employment, so negligent hiring/retention is usually the stronger path.)
Texas administrative rules make clear that establishments must prevent sexual contact, nudity, and other red-flag conditions; documentation and compliance lapses at the spa level often become critical evidence.
What Are the Deadlines (Statutes of Limitations)?
Texas extends the time to sue for injuries arising from sexual assault:
- Adults: generally 5 years from the date the claim accrues for personal injury arising from sexual assault or aggravated sexual assault.
- Child victims: up to 30 years after the 18th birthday in many child-sex-abuse scenarios listed in the statute.
There’s also a special “John/Jane Doe” provision allowing you to file while the perpetrator’s identity is unknown, if you proceed diligently. These timeframes come from Texas Civil Practice & Remedies Code §16.0045.
Bottom line: Do not delay. Evidence disappears and deadlines are unforgiving, even with these extensions.
What Compensation Can a Texas Civil Lawsuit Seek?
Depending on your case, you may seek:
- Medical and counseling costs (past and future)
- Lost wages or career impacts
- Pain, mental anguish, PTSD-related harms
- Exemplary (punitive) damages for intentional misconduct
Texas caps punitive damages in many cases, but the cap does not apply when the defendant’s conduct constitutes certain intentional felonies—including sexual assault—committed knowingly or intentionally. That exception appears in CPRC §41.008(c). (A criminal conviction isn’t required to pursue the civil exception; the civil jury looks at the conduct and mental state.)
Will a Civil Case Affect the Therapist’s License?
A civil lawsuit is separate from licensing and criminal processes, but they often run in parallel. TDLR can investigate, fine, suspend, or revoke a license, and it has authority to shut down establishments in certain circumstances. Filing a TDLR complaint can help protect others and may uncover records useful to your civil case.
How These Cases Typically Proceed
- Confidential consultation & safety plan. We prioritize safety and discuss whether to report to police/TDLR. (You decide; we support you.)
- Evidence preservation. Save texts, DMs, appointment records, intake forms, waivers, receipts, and any messages from the spa. We’ll send preservation letters to the business to lock down video, logs, and internal reports.
- Administrative and criminal reporting (optional but encouraged). You can report to law enforcement and TDLR; both tracks can run with a civil claim.
- Investigation. We obtain policies, staff rosters, prior complaints, staffing/background checks, training records, and compliance audits; we compare them to Texas rules for establishments.
- Filing the civil suit. We typically allege intentional torts against the therapist and negligent hiring/retention/supervision against the business, with damages including mental-health care and, where supported, exemplary damages.
- Privacy protections. We can seek protective orders and other measures to limit unnecessary disclosure of sensitive information during discovery.
Common Defenses—and How We Respond
- “It was consensual.” We rebut with the power dynamics, rule violations (e.g., draping/consent failures), and contemporaneous evidence (texts, timing, abrupt changes in behavior).
- “Independent contractor—not our employee.” Establishments still have non-delegable duties and can face negligent hiring/retention or premises/operations liability when they ignore obvious risks. Texas rules impose duties on establishments regardless of payroll labels.
- “No notice of prior problems.” We dig for prior complaints, staffing shortcuts, policy gaps, and surveillance or sign-in inconsistencies that show unreasonable risk.
What If I Signed an Intake Form or Arbitration Clause?
Intake forms, “consents,” or arbitration provisions don’t excuse sexual assault. Some clauses are unenforceable as written, and others have carve-outs. We review every document and challenge unfair provisions where appropriate.
Practical Steps if This Happened to You
- Get medical and trauma-informed care. Your health comes first.
- Write down everything you remember—times, words used, room layout, where the therapist stood, how you were draped, etc.
- Save all communications with the spa/therapist.
- Consider reporting to police and file a TDLR complaint (we can help draft it).
- Consult a civil attorney experienced in assault cases to preserve your claim and evidence right away. Do this as soon as possible!
Our Role
We approach these cases with compassion, confidentiality, and urgency. We handle the legal strategy while coordinating with your care providers and, if you choose, with TDLR and law enforcement. If you or someone you love was assaulted in a massage setting anywhere in Texas, reach out for a confidential consult—we’ll walk you through options and next steps.
Key Texas References
- Statute of limitations for sexual assault civil claims (5 years for adult sexual assault; longer windows for child victims; special Doe pleading): CPRC §16.0045.
- Punitive damages cap exception for intentional/knowing sexual assault and aggravated sexual assault: CPRC §41.008(c).
- Massage establishment rules prohibiting sexual contact, nudity, and requiring compliance/records: 16 TAC §117.82 and related TDLR enforcement guidance.
- Written consent for breast massage (female client): 16 TAC §117.91.
- Texas Penal Code §22.011 (sexual assault definitions and non-consent circumstances).
