Woman alleges sexual assault during physical therapy appointment
By Tom Tuite
A woman has told a jury that a therapist started making inappropriate comments, asked if she wanted a “happy ending” massage, and touched her breasts during physio treatment for back pain.
The man, in his 30s, who is not being named due to reporting restrictions, has pleaded not guilty to sexual assault by touching her pubic area, vagina, breasts and buttocks at a gym in the midlands on a date in 2021.
The trial commenced yesterday (Tuesday) afternoon before Judge Ronan Munro and a jury at Mullingar Circuit Criminal Court.
Ed O’Mahony, BL, in his opening statement for the prosecution, told the jury of nine men and three women that the complainant contacted the accused about her scoliosis diagnosis. It would be alleged that she attended physical therapy, but what occurred crossed the boundary and was not in keeping with or normally expected in good physical therapy.
In evidence, the woman, in her 20s, told the jury that she played sports and had dealt with physios for her scoliosis and severe back pain. She had been doing generic programmes but wanted expert treatment.
She contacted the accused via social media and email. The woman recalled that he sent her a list of calories and a diet, and she was instructed to send him photos in underwear to gauge fat loss. She said she was unsure because she had not done an online programme before and thought doing it in person would help.
The trial heard that she had an appointment with him just over two weeks later.
She went to a room with a physio table. She told the trial that she wore cycling shorts and a long-sleeve top.
The complainant said the accused got her to stand and “looked me up and down” and put one hand on her right rib cage, and the other whole hand covered her left breast for a couple of seconds.
The woman said he told her it was her pectoral muscle, and tension was causing her back issues.
The witness said she thought it was unusual but trusted in his professional judgement and that it was part of the normal process. She said he told her to take off her top and shoes. She still had a sports bra on and lay face down, and he got a towel.
She said he told her to put it over her back and carried on working on her.
She alleged he later wanted to work on her back and told her to take off her top and went out but returned quickly, and she dived down on the bed to cover up because she was completely exposed.
She told Mr O’Mahony the accused did not give a warning that he was coming back, and she was still trying to get her top off.
The woman said she lay face down, and he began rubbing her belly with both hands, which she found very unusual and never received previously during physio.
The complainant said he talked about her work and that he began to make inappropriate comments; she alleged he told her, “You’re in some nick” and “You’re in some shape”. She claimed he told her that her job must be stressful “and asked if I had ever had a massage with a happy ending”, which she understood to be a sexual massage, or a Thai massage.
She told the jury she replied “No” and thought he was testing how she would respond.
The woman said he asked her to pull down her shorts, which she said was normal for physio, and he began to work on her hip bone. She said that a towel or blanket was moved down and alleged that he pushed really hard near her tailbone; it was very painful, and that he gave a scientific explanation.
The woman said he told her to take off her shorts and stepped out, but she did not have a chance to reposition the towel before he came back without announcing and told her “he would have taken them off me quicker”.
She said she was wearing just a thong and was covered with the towel, and he continued to work on her glutes and hip before she was asked to turn on her back. The woman said she rolled over and was face up, and he asked her if she wanted to put on an audio-visual headset, and she did.
The woman alleged that he moved the headphones to tell her he was going to work on her chest and groin “in case you think there is anything funny going on”.
The woman said around this time, he told her: “This never happened to me before, but I’m getting hard working on you.” She said she ignored it and closed her eyes, and she recalled freezing a lot more.
The complainant said that as he worked on her chest and neck, he removed the towel and touched both her breasts lightly with his fingers like a massage as she lay face up. The woman alleged he rubbed the whole way to her hips.
She told the jury that he commented that he was going to lose his job over her and that he was wondering if she was thinking the same thing, but she told him “absolutely not” and that she had self-control.
The woman maintained he told her, “You are bold, you are bold, I would say you’re wild.”
The complainant said she was terrified, so she put the headphones and goggles back on as a distraction and kept her eyes closed. She said he told her he was releasing a pressure point and touched not far from her vagina.
The woman told the court she asked him what he was doing, and he used a scientific name.
She testified that it was “absolutely not” similar to groin injury treatment she received previously, and she had no control of the situation lying there with no clothes other than a thong.
When she stood up, she crossed her hands over her top, and he cracked her back, she said.
The woman alleged the accused told her that he would finish her off in 30 seconds with just his hands. “When I said no, he said, ‘You wouldn’t be saying that if I had my clothes off’,” she alleged
She told the jury he told her she did not have to pay, but she did and she also did some exercises for a while with another staff member in another part of the building.
The complainant said she met and told a friend who lived in the area just after she left and later called her sister, and she blamed herself for letting it happen, but she just froze.
The trial continues today Wednesday.