A Fort Myers, Florida jury found massage therapist Marc DeTomaso guilty of battery for violating a female customer during a massage in February 2017 at Massage Luxe in Bonita Springs. The customer reported that DeTomaso forced his face between her legs and performed oral sex on her during the last five minutes of the massage appointment without her consent. The victim reported the incident to Massage Luxe management who called the police. DeTomaso fled the spa before the police arrived.
The State Attorney presented evidence at trial that DNA matching DeTomaso was in a rape kit administered on the woman right after the incident. Judge Joseph Fuller sentenced DeTomaso to one year in jail, as well as court and medical costs associated with the victim's exams. DeTomaso, age 56, had been licensed as a massage therapist in Florida since 2000. His massage therapy license was revoked by the Florida Department of Health in May 2018 on account of this incident.
Jurors heard testimony from the victim and another woman who filed a sexual misconduct complaint against DeTomaso about an encounter that occurred about a month before the February 2017 incident. That woman said she was inspired to notify authorities of the encounter when she saw on the news that DeTomaso was charged with sexual battery.
Sex abuse attorney Adam Horowitz is experienced in filing lawsuits on behalf of victims of sex assault by massage therapists, including at Massage LuXe. If you have a been a victim of sexual assault in a spa or during a massage, or if you know someone who has, please contact our law firm at (954) 641-2100 or send an email to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com.