A massage therapist has been disciplined by the Health and Disability Commissioner for failing to ensure a female patient had consented to the massage of her breasts during an appointment.
In a report released on Monday, Health and Disability Commissioner Anthony Hill confirmed the therapist has been found in breach of the Code of Health and Disability Services Consumers' Rights (the Code) for failing to obtain the client's consent to massage "sensitive areas".
The woman went to the massage therapist's house for the service and completed a form, in which she agreed she wanted a full-body massage.
The form provided by the masseur outlined the glutes, legs, feet, chest/abdominals, arms and face as areas that would be focused on during the full-body service. The masseur asked his client whether there was a part of her body she did not want to be touched. Under the assumption that sensitive areas such as the breasts were already excluded from the massage, the woman said no.
Recounting her experience to the Commissioner, the woman said the process was "okay" while she was on her front, although she claimed the massage therapist's hands came "extremely close" to her genitals a few times, according to the report. When she lay on her back, the masseur exposed her chest without warning and proceeded to massage her stomach and breasts, making contact with her nipples.
According to the report, the woman was "frozen with disgust, fear, anxiety, and anger, but felt too exposed to speak up". As she was under the impression that she was alone with the massage therapist in his home, the woman felt too uneasy to ask him to stop.
Once dressed, the woman confronted the man and said the massage had been inappropriate.
The masseur argued that the woman failed to specify that she wanted her chest excluded from the full-body massage, and therefore took that as consent to touch her breasts. During the investigation, he claimed the woman should have spoken up if she felt uncomfortable.
Following the investigation and accounts from both parties, it was found that the man failed to communicate to the client his intention to massage sensitive areas.
The form was found to be insufficient as it failed to explicitly inform the client that the full-body massage would include sensitive areas. Specifying the chest area could be taken to refer to the upper chest area, the report noted.
"It was inappropriate to massage her breasts and nipples, and unacceptable to expose her breasts and abdomen without warning her that this was his intention and obtaining her prior consent," Hill said in a statement.
Hill recommended that the man receive mentoring for 18 months, receive supervision, review his processes and attend training for informed consent.
Hill also recommended that the massage therapist apologise to the woman, which he has since done. The massage therapist has been referred to the Director of Proceedings.
