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AUSTIN, Texas — An Austin woman is suing a Southwest Austin Massage Envy franchise after she says she was sexually assaulted by an employee during a massage last summer.
As someone who deals with back pain, S.H., whose identity we are concealing for confidentiality reasons, says she used to visit Massage Envy at Circle C Ranch monthly, sometimes even biweekly.
“I never thought this would happen in a million years," S.H. said. "It was a place that I used to be comfortable in, and now I have never stepped foot back in a massage place since last summer."
When she visited last July, she said the experience was weird from the start.
“I knew something was not right," S.H. said. "The first thing I noticed was that the draping was very loose over me, instead of tucked in like it usually is."
She says the masseuse crossed professional boundaries which made her uncomfortable, but she says she never imagined he would go on to sexually assault her.
“I just was frozen. I was terrified. I was scared," S.H. said. "You know you're You don't realize how vulnerable of a situation you're in until something like that happens."
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She finally built up the courage to end the session early and leave. She then went straight to the nearest police station to file a report.
“I immediately got myself together, got in my car, and just broke down in tears," S.H. said. "They listened to my story, they comforted me a lot, and they immediately connected me with victim services as well."
Now she’s suing the owners of the Massage Envy franchise, Helix^2 Fashion and Fitness and Spas, alleging negligent hiring practices.
“They need to have strict hiring policies that really do put women's safety first." Her attorney, Anna Greenberg, said.
Greenberg says the employee has a criminal history, including the assault of a then-girlfriend in 2015, details we were able to independently confirm. She says her law firm is also currently trying five similar cases against other Massage Envy franchises.
“You're putting a massage therapist in a room alone with a practically naked woman on a daily basis," Greenberg said. "Knowing his violent tendencies towards women, you would think that a Massage Envy franchisee would never hire somebody like that."
CBS Austin reached out to Helix^2, but the number went to voicemail and an email to the company bounced back twice. We also tried calling the franchise directly and spoke to a shift manager but haven't heard back. Not only that, but we tried the owner of the franchise too, but had to leave a voicemail.
“I wanted to use my voice to make a change, make a difference, and show that, you know, women should be protected and women should feel comfortable in these vulnerable situations," S.H. said.
The attorney tells CBS Austin Austin Police have recently issued an arrest warrant for the suspect. While we've been able to confirm that a warrant exists, there's no suspect by the employee's name currently in jail. We're still waiting on the arrest warrant itself from APD.