Attorneys: Wilmington sexual assault lawsuit reflects nationwide issue

WILMINGTON, NC (WWAY) —  A massage business in Wilmington is accused of failing to prevent sexual assault, after attorneys say a massage therapist assaulted two different victims in one week.

During an announcement Monday morning, those attorneys said this is just one example of a nationwide issue.

“Massage envy has a practice of trying to contain that information to protect their brand and their bottom dollar,” said H. Nellie Fitzpatrick, one of the attorneys representing the victims.

The attorneys filed a civil lawsuit Monday morning, claiming Massage Envy allowed massage therapist Joey Lee Diaz II to keep working after the first victim reported she was touched inappropriately.

“Six days later, the second victim, who we also represent, and is part of the lawsuit, was also assaulted by the same massage therapist,” said attorney Leto Copeley.

The attorneys say there have been similar claims against Massage Envy involving dozens of victims in at least seven states.

“Often times those reports and those disclosures of sexual assault aren’t then shared with the board that licensed that individual therapist, they aren’t shared with the authorities, with police,” said Fitzpatrick.

In a statement to WWAY this afternoon, Massage Envy expressed empathy for those alleged victims, saying:

“We and the almost 1200 small business owners who comprise our franchise community are heartbroken for anyone who has suffered from sexual misconduct at a franchise location. We have zero tolerance for sexual misconduct.

“We absolutely encourage anyone that experiences anything other than a safe, quality massage to report it to the franchise location so that it can be promptly investigated—and we unequivocally support the decision of any victim to report to law enforcement or the state board.  Upon notification of an incident, franchisees are required to immediately remove the service provider from the schedule and report the incident to Massage Envy Franchising same day. Our franchise locations are also required to provide victims, in writing, with contact information for local law enforcement and the state board and the RAINN Sexual Assault Hotline number.”

According to court records, the 2015 criminal cases against Diaz are still pending.

We have reached out to his attorney for a statement, but have not yet heard back.