MEMPHIS, Tenn. — A Mid-South woman said she was violated during a massage at a well-known chain here in the Mid-South
She said she caught her therapist red-handed using a cell phone while she was naked on the table and fears they made a video.
The victim, Lynette Kirk, and her attorney spoke exclusively to FOX13's investigative reporter Greg Coy.
He learned the whole idea of massage therapists having cell phones is an issue the industry and agencies that regulate it has not specifically addressed.
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A gift certificate from her husband had Kirk getting massages almost once a month for the past year at a popular massage chain here in the Mid-South.
"The tension in your muscles gets released. It is soothing music playing in the background. It is just a nice experience," Kirk said.
She told FOX13 me this past September, relaxation turned repulsive. Kirk said she noticed something odd in the therapist's technique on her nude body.
"After a few minutes I got on my elbows, looked up, and I could see that she had her cell phone in her hand. And it appeared she was doing a video. I could see images of what looked like the sheet I was laying on," Kirk said.
"I asked her what she was doing. I asked her if she was texting. She said no, I am not texting. What are you doing? Let me see your phone? She put the phone to where the screen went black. Laid it on the floor."
She immediately got dressed reported it to management and says they told her the technician was fired.
The next day she filed a peeping tom report with Memphis Police.
Kirk's attorney Jeff Rosenblum said no one can tell him if management ever checked the contents of the phone. Police said the report was reviewed by the Sex Crimes bureau.
MPD determined no criminal charges will be filed.
Roseblum wants to physically see the phone and have it forensically examined to see if anything was deleted or shared in more than 24 hours before the police got involved.
"If the woman has deleted everything, or throw the phone in the river, that is going to be disturbing because those images, they don't die. They don't get thrown in the river. They can be somewhere. They can be resurrected."
When it comes to cell phone issue "the rules and laws are silent," according to his email.
The department sent an email which also stated, "If a massage therapist violates client privacy, the board can discipline the therapist, no matter what technological method the therapist used."
FOX13 contacted the two leading associations for massage therapist and neither one of them have issued guidelines about cell phone use during a massage. It means the consumer must ask the questions.
"Have you vetted your massage therapist? Have you made sure you have turned in your phones?" Rosenblum said.
FOX13 visited the business where the incident happened and was told a manager would contact me.
Since no criminal charges have been filed, FOX13 has chosen not to name the business.
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