Sexual offence conviction: Kildare therapist fined for massage session offence

A physical therapist convicted of an offence under the sexual offences legislation after a woman client said  he masturbated during a massage session has been fined €1,000.

The man was convicted under Section 45 (3) of the Criminal Law (Sexual Offences) Act 2017, which says that a person who intentionally engages in offensive conduct of a sexual nature is guilty of an offence. It defines that conduct as “any behaviour of a sexual nature which, having regard to all the circumstances, is likely to cause fear, distress or alarm to any person who is, or might reasonably be expected to be, aware of any such behaviour”.

On March 6, at Kilcock District Court, a woman who went to the therapist for deep tissue massage at the premises at Glenroyal shopping centre, told the court that she believed he masturbated during the session and saw the top of his penis — two inches or so — was outside his shorts.

The therapist accepted the top of his penis was over the top of his trousers but maintained this was not intentional. He  denied masturbating and said that his penis accidentally came outside his elasticated shorts when he was massaging the woman.

On March 6, gardaí said  there had been no other complaints of this kind about the therapist but Garda Inspector Georgina Grey said it would worry her if he was allowed to continue in practice.

Judge Desmond Zaidan convicted the man and adjourned the case to April 2 for a victim impact statement to be produced.

On April 2, the court heard about the woman’s victim impact statement and the trauma she experienced.

She said she had moved to Maynooth three weeks before the incident.

She said she had the right to feel safe in a professional setting such as that.

As a result of the incident she felt unsafe and anxious walking in Maynooth.

She also said that she had suffered nightmares.

She also said in her statement that she had suffered financially as a result of the incident.

Judge Zaidan noted that the man still maintained his innocence and was not accepting the verdict of the court.

He said the therapist deserved to go to prison but he also said he considered the effect of a jailing on the defendant’s family. His wife described him as a good family man.

The court was told the defendant had set up the business in 2015. He has treated 1,500 clients over 2,500 treatments.

He had no previous convictions and said this had never happened to him before.

The defendant’s barrister said on April 2, his client was now effectively a “stay at home dad.”

The court was also told that the offence for which he was convicted was not one for which one is placed on the register of sexual offenders.