Massage sex assault accused said complainant was ‘gamy’ and ‘crossed the line’

By Tom Tuite

A fitness coach denied sexually assaulting a client during a therapeutic massage and told gardaí he “shot her down” after she became “gamy” and “crossed the line”, a trial has heard.

The accused, in his 30s, who is not being named due to reporting restrictions, has pleaded not guilty to sexual assault at a gym in the midlands on a date in 2021.

The woman, in her 20s, who has back pain due to scoliosis, attended an in-person appointment following an earlier online programme.

She has told Mullingar Circuit Criminal Court she had to remove her clothing apart from thongs, and he started making inappropriate comments, asked if she wanted a “happy ending” massage, and touched her breasts and vagina. She alleged that as she lay on a treatment bed, he told her, “You’re bold, you’re bold, I would say you’re wild,” and “I’m getting hard working on you”.

Today, Thursday, the trial heard Divisional Protective Service Unit Detective Sergeant Niall Smyth questioned him 10 days later.

The court heard he was not a qualified physiotherapist but had completed other courses and obtained qualifications in neuromuscular therapy and as a strengthening and conditioning coach.

It was day three of the trial before Judge Ronan Munro and the accused man’s statement was read out to the jury of nine men and three women.

The court heard that he told gardaí that clients were covered with a towel or duvet during treatment sessions. Women may be asked to remove their bras but not their shorts.

He told Detective Sergeant Smyth that a woman’s breasts were never exposed, and there was never a need to touch them. Ninety per cent of the work was done while the client was face down.

In response to the complaint, he told the officer that he did not touch her breasts or inside her shorts. He said she told him she would be a wild one, and he claimed that when he needed her to turn, she flipped the without the towel and “I said mad thing”.

He told gardaí he thought she was gamy and contended she made a moaning sound when she “cracked her back”, and when it became awkward, he would “shoot it down”.

He said the next 15 minutes were normal, but as he worked on her, he felt she was getting “the wrong idea”.

He informed gardaí that as he rubbed her neck, “this is when she crossed the line”. He claimed she moved her head back, made a groan and told him that she loved people grabbing her neck.

He said he told her he was trying to be professional and to stop, but she replied, “You are the professional.”

The accused stated that he commented, “in a different time, in a different place”, and he was “raging” with himself later for saying that.

A text he sent to her later that day saying, “Sorry, testosterone got the better of me,” was to diffuse the situation, he maintained.

He alleged that she had probed him four or five times during the appointment, and he was angry about it; he had a long-term partner and would not risk that.

The accused said she had said something to him five times, and “I shot her down”.

The fitness coach also stated that he went out when she had to remove her bra and that he asked if she was ready before re-entering the room.

He claimed the complainant had taken down the sheet and that he had told her that she was making his job hard.

“I did not touch her vagina, not in any circumstances, did I touch her like that,” he said. He denied telling her she was wild or bold and said those words came from her. The court heard he said, “You only have to look at her Instagram to see she is wild.”

He also told gardaí that she was happy to stay in the gym afterwards. The court had heard she remained doing exercises for 20 minutes with another staff member, who thought she seemed okay.

Questioned by James Dwyer, SC, defending, Detective Sergeant Smyth agreed the accused was cooperative and answered all his questions.

Earlier, the complainant denied making those comments. The woman testified that the accused had said inappropriate remarks and touched her breasts, vagina, and buttocks and called her bold and wild, and said he would finish her off in 30 seconds, but she said no, and that he told her she was making him hard.

Her evidence was that she was terrified and had no control over the situation.

The woman told the jury she had gone looking for expert help for her back problem, which she had since her early teens, to get back to playing sports, which were restarting after the Covid-19 lockdown.

The complainant said she met and told a friend who lived in the area just after she left and later called her sister. She blamed herself for letting it happen, but she just froze.

The trial continues tomorrow, Friday.