Massage Therapist Acquitted Of Indecent Assault Allegation During Home Massage Appointment
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By Alric Lindsay
This week, a massage therapist was cleared of indecent assault charges after Acting Magistrate Adam Roberts ruled that the Office of the Director of Public Prosecutions failed to prove the necessary elements of the offence, including intent, following an incident during a private home visit in March 2025.
Reportedly, the massage therapist went to the apartment of his female client on March 16, 2025. The client accused the man of indecently assaulting her during the mobile massage service. Specifically, it was alleged that, during the session, the man touched her buttocks — an area she stated was not part of her usual massage — and on one occasion his hand moved high up on her inner thigh, though not in the crotch area. She described the touches as feeling sensual rather than like a professional deep tissue massage.
The client said she felt something was “different” from the start of the session. She challenged the massage therapist, at which point he apologised, stated that his hand had slipped, and mentioned that his mother was unwell. The massage continued and was completed without further incident. The complainant remained in her underwear throughout, with any contact to the buttocks occurring through the fabric.
Police Investigation
Royal Cayman Islands Police Service officers responded to the complaint. The investigation included detailed statements from the complainant, an interview of the man at the Cayman Islands Detention Centre and seizure and forensic analysis of his phones (no incriminating material found).
Reportedly, the massage therapist denied any intentional assault. He maintained that the touches were accidental within the context of a legitimate massage, that he stopped immediately when asked, and that he had no sexual intent. There was no CCTV evidence available at the location.
Court Proceedings and Ruling
Representing the DPP was Angelique McLoughlin, while Ms. Stacy-Ann Kelly appeared for the defence.
It is understood that Magistrate Roberts carefully analysed the ingredients of indecent assault, drawing on established legal principles including the test from the English case R v Court (as articulated by Lord Ackner).
Magistrate Roberts emphasised that the prosecution must prove beyond reasonable doubt that:
** The accused intentionally assaulted the victim.
** The assault and its circumstances were capable of being considered indecent by right-minded persons.
** The accused intended to commit such an indecent assault.
Magistrate Roberts noted that consent had been given for a professional massage, albeit limited in scope, and that determining whether the defendant exceeded that permission was a matter for the tribunal. Magistrate Roberts acknowledged the complainant’s genuine feelings of unease but stressed that her subjective emotions, while understandable, were not determinative of the criminal elements — particularly mens rea (guilty mind).
Magistrate Roberts highlighted several factors that created reasonable doubt: the limited nature of the alleged touching (through underwear), the immediate apology and explanation, the absence of further incidents, and the lack of evidence showing a deliberate intent to act indecently. He described the case as “difficult” due to the context of a consented professional service but found the prosecution had not met its burden.
“The charge is dismissed,” Roberts concluded.
The magistrate added that he had “no criticism” of the complainant for bringing the matter forward in good faith, nor of the DPP for pursuing it. He underscored the importance of supporting women who feel vulnerable in such situations and testing evidence in court.
This case highlights the challenges in prosecuting allegations arising from professional services involving physical contact, where consent is given but boundaries may be disputed. It also reaffirms the high standard of proof required in criminal matters, particularly regarding intent.
