State v. Mr. F (DMC No. 16826) – Felony Sexual Assault (“Me Too” Allegation) – Not Charged (and Massage Board “Unsubstantiated” the Claim at a Review Hearing) – Chandler Police Department Investigated (CH No. 20XX-XXXX8) and Arizona Massage Board (Case No. 20XX-XX-XX-NOA)
Mr. F was a Massage Therapist who worked for a local massage establishment. The alleged victim in the case booked a 90-minute massage, and claimed that Mr. F had “grazed” her vagina two different times, then he grabbed it a third time. She then also claimed that he stuck his fingers inside her vagina “very quickly”. She said she had an “out of body experience” and described herself as a “child”, who was in a relaxed and paralyzed state. She claimed it took her a full minute to realized what happened, and then she yelled “what the fuck” and told him to leave the massage room. She then got up and left.
Approximately twelve days later, she reported to the Police that she had been Sexually Assaulted. When the Chandler Police Department interviewed her, she stated that she didn’t report the incident because she wanted to call her friend who is a “sexual trauma counselor”. She had also stated that she was Molested when she was ten years old by an usher at Comiskey Park in Chicago. She said she was Molested a second and third time at a party when she was 17 years old, by one individual in the woods, and then when she got back to the party, she was Molested a second time by a second individual. She now had adult children and was “very weary” of anything to do with sexual contact. Lastly, she finished by telling the Officer that she “questioned herself as to whether she had done something wrong”.
The alleged victim had also contacted the Arizona Massage Board in order to File a Complaint against Mr. F. It was at that time that Mr. F secured the services of DM Cantor. We immediately prepared a Timeline Memo and Biography Memo of Mr. F. In addition, we had him take a Polygraph exam, in which he was “truthful” about having no sexual contact with the alleged victim. Lastly, at the Massage Board Hearing, the alleged victim added a new fact claiming that Mr. F had “rubbed his own pubic area”. The Massage Board conclude the investigation with a “Nondisciplinary Order”.
When the Detective received video of the Massage Board Hearing, and saw the new allegation, he put in his report “at no time did she provide that information during this investigation”. After everything was provided to the Detective, he stated “based on the totality of the circumstances, there is Not Sufficient Evidence to refer charges, therefore, this Case will be Suspended”. Not only did we save Mr. F’s Massage License and livelihood, we prevented him from facing a possibility of 15 years in Prison.
