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A Travis County woman has sued Massage Envy, alleging that a masseuse at one of the national chain's Austin locations sexually assaulted her during a service last July.
In the complaint, a woman identified only as S.H. alleges that a massage therapist named Juan Alberto Bastida groped one of her breasts with his hand before "digitally penetrating" her during a massage service at a Massage Envy franchise location in Circle C. In an attempt to stop Bastida, the complaint alleges that S.H. told the masseuse she believed her appointment window had ended and that he quickly left the room after that.
S.H. drove directly to the Austin Police Department to report the assault, according to the complaint. A rape kit was completed the same day.
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A spokesman for APD confirmed there was an active warrant out for Bastida who faces felony sexual assault charges.
The complaint claims that the Massage Envy franchisee, Helix2 Spas, had either failed to perform an adequate background check on Bastida or overlooked his criminal history, which includes charges related to burglary and domestic violence.
Reached by phone, Bastida said he was unaware of the lawsuit and that he no longer worked for the company but otherwise declined to comment.
M.J. Cowart, assistant manager of the Circle C Massage Envy location, said that the company terminates providers following "any appropriate conduct that has been brought to our attention."
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The lawsuit is seeking more than $1 million in damages from Helix2 Spas and Bastida.
Houston attorney Anna Greenberg, who is representing S.H., said she has filed similar lawsuits against Massage Envy franchises in other Texas cities but that this is the first in Austin.
“This company’s failure to protect its customers and employees is tragic and inexcusable,” Greenberg said in a news release announcing the lawsuit. "Sexual misconduct at Massage Envy is a well-documented risk, and the company should be doing everything possible to eliminate this risk, but it’s not. It's a systemic problem.”
This article originally appeared on Austin American-Statesman: Travis County woman suing Massage Envy, masseuse for alleged assault