Masseuse Gets 1 Year for 3 Sex Assaults in Orange County

A massage therapist in Seal Beach has been convicted and sentenced to one year in prison, followed by probation, for allegedly committing sexual assault against three of his clients.

Our Westminster Criminal Defense Lawyer Houman Fakhimi understands that given the charges against him, he could have served up to nearly 9 years in prison if he was convicted following a trial.

The 29-year-old Sunset Beach resident was reportedly charged and later convicted for one felony count of sexual battery and two misdemeanor counts of the same.

According to the Orange County Register, the masseuse reportedly worked with the company for about nine months starting in 2009.

Police were called by one of his clients sometime in 2010. She told them she had been sexually assaulted by the defendant during her appointment. We don’t know the details of what allegedly happened, but we know the first incident reportedly happened in September 2009. The next incident happened two months later and a third happened in the spring of 2010. The three women were between the ages of 21 and 33.

The last of those incidents was reported to police on the same day it happened. Officers didn’t learn about the other two alleged sex assaults until they began investigating the incident in 2010. Detectives say the women didn’t know one another.

This may be part of the reason why three felony charges of assault with intent to commit a sex offense were dismissed, as well as why two of the charges were misdemeanors and not felonies. Because the burden of proof was so high, prosecutors would likely have had a difficult time proving the alleged actions of the defendant, particularly with no physical evidence and when it is one person’s word over another person’s word.

Police sought other alleged victims, but were unsuccessful in finding any.

Once the police began investigating, the masseuse lost his job and has since lost his license – which is a perfect illustration of how a mere allegation can negatively impact a person’s life and livelihood.

However, it’s not the first time this particular massage company has come under fire for sexual assaults. In fact, another man working for the same company out of Laguna Beach faced similar charges by two women there. In that case, they say he pressed up against them and touched himself during the session. The women in that case are civilly suing the salon saying that the company knew the defendant was a threat to female clients and continued to maintain his employment anyway.

Additionally, the company has been named in civil cases relating to sexual assault at branches in Maryland, Utah, Texas and Missouri.

In California, misdemeanor sexual battery is described in California Penal Code 243.4, which essentially defines it as the touching the intimate part of another person against his or her will or by fraudulently obtaining consent for the purposes of sexual gratification. The felony version of this charge is essentially the same, except it usually is accompanied by one of the following additional circumstances:

1. The alleged victim was unconscious;
2. The alleged victim is unlawfully restrained;
3. The alleged victim was mentally incapacitated, disabled or institutionalized;

Contact Houman Fakhimi trial attorney at (714) 705-6701 as soon as possible if you are charged with a crime in Orange County.