Few interactions between customers and businesses are as intimate as when a person visits a salon or spa. Even for simple interactions such as haircuts or manicures, the employee must touch the customer. More involved procedures such as massages or waxing will place the customer in a vulnerable position.
While people must put some trust in massage therapists or salon workers the sad truth is that some of these workers take advantage of their clients. This can take the form of simple touching or inappropriate comments, or may be as serious as a sexual assault.
A Tampa sexual assault at spas and salons lawyer can help people who were taken advantage of stand up to their abusers and to obtain compensation for their injuries. Contact a dedicated attorney right away to learn more.
When Assault Occurs at a Spa or Salon
According to the law, an assault happens any time a person intentionally touches another person without their consent. The most serious of these actions involves touching of a sexual nature. But even something as simple as a touch on the shoulder may be an assault under certain circumstances. This raises an interesting question about situations where a person is touched in the course of business.
The very nature of treatment at spas and salons involves being touched by another. The important thing to remember is that customers give their express consent to be touched in only a certain way.
For example, if a person hires the salon to perform a manicure, it would be inappropriate for the salon worker to touch any part of the customer except for their hands. Where the situation becomes more complex is in full body massages. A general rule to remember here is to make it clear where you expect the masseuse to work and to know that touching of the genitals is always illegal.
Legal Repercussions of Sexual Assault
The first thing that any person who experiences these types of assaults should do is call the police. This serves two functions. First, the police will investigate the incident and potentially arrest the assaulter. An arrest can lead to charges and possibly a conviction. While this will certainly punish the defendant, it will do nothing to compensate the victim. To force the employee and the business to pay damages, a plaintiff must initiate their own civil lawsuit.
A criminal conviction serves an important role in this civil case since a conviction is evidence that the assault did take place. This is known as the concept of res judicata, meaning that once a fact is proven in court the defendant cannot argue that it did not happen in any future cases.
Even if the defendant is not convicted the victim can still file a civil lawsuit. The lawsuit will usually target both the assaulter and their employer. All employers have a duty to keep their customers safe. If they hire an employee knowing that they have a history of abuse or do not provide proper security measures, they may be negligent.
A Tampa Sexual Assault at Spas and Salons Attorney Can Help
Any sexual assault is a very serious matter that a person should report to the police. One place these assaults are sadly common is at salons and spas. These locations necessitate a certain amount of physical contact and many employees cross over the line that separates good service from abuse. Whenever this happens, both the employee and their employer may be civilly liable to pay damages.
A Tampa sexual assault at spas and salons attorney can help individuals who suffered abuse at spas and salons. They work to recover compensation to help set things right. Contact a lawyer today to see how they can help.