Three years jail for masseur who sexually assaulted client

A 32-year-old masseur was jailed for three years after he was convicted of sexually assaulting a client.

Clince Douglas Moses, who lives in Xgħajra, was accused of rape, holding the woman against her will and committing non-consensual sexual acts on the woman.

The case happened at a spa in St Paul’s Bay on February 11, 2023.

The woman, an American national studying in Italy, had arrived in Malta on holiday between February 10 and 12, 2023. She had gone to the spa for a full body massage and booked a second treatment for the next day.

Referring to the first massage, the woman testified that Moses focused on her buttocks.

When recalling the second massage, she said she was meant to have a female therapist, but there was a change in therapist at the last minute. The woman told the court that she was not upset with the change.

During the massage, the man told her he was 28, and she replied that she was 20.

The woman said she did not believe he had been flirting with her since there was an eight-year age gap. She also said that they did not have a deep conversation since his English was not the best.

The woman then described the assault.

The woman alleged that the staff locked her in the room and did not let her call the police.

In his statement to the police, Moses denied touching or massaging the woman’s breasts or buttocks.

He also denied asking her to remove all her clothes and whether she had a boyfriend. He explained that he had been in Malta for ten months and was working as a machine operator.

But he had also started working as a masseur, for which he had qualified some three to four months before the incident. The man also told the police that he had been informed that the victim had given him a good review following the first massage.

The owner of the spa testified that the woman was “absolutely amazed” with Moses and booked a second massage for the next day with him.

On the day, Moses was at the reception, and a female therapist was scheduled for the massage. However, the witness asked the woman to handle reception and tasked Moses with the message.

A court-appointed expert told the court that the victim was not sure where the accused had placed his finger, and there were no signs of violence or forced entry.

A gynaecologist testified that there were no signs of trauma, but this does not mean she was not raped, with the witness saying she was not in a position to say that she is 100 per cent sure it did not happen. A nipple swab yielded a negative result.

In its considerations, the court commended the Qawra police, especially the sergeant who dealt with the case, and asked the woman to write down her version of events as soon as she was brought to the police station.

The court deemed the document “fundamental” because it sheds light on what happened.

The court criticised the spa owner's “unprofessional behaviour” for not following up with the employee or client on the incident, and attempts at trying to diminish the seriousness of the case by offering a complimentary massage instead.

It also made remarks on the “lenient” manner in which third-country nationals are employed as masseurs, with the magistrate remarking she could not understand how a person granted a single work permit to work as a machine operator ended up working as a masseur.

It observed that the controls by Jobsplus were “either not happening or superficial”.

The court also analysed the incident, noting that on the first occasion, the woman had a full body massage during which Moses focused on her breasts and buttocks. The woman felt confused but not violated at the time. The second time round, she had a mud wrap and lymph drainage, and was not bothered by the fact that Moses would do it.

The court observed that the woman did not interrupt the massage when the man behaved in a questionable manner and waited until the end to act. She only acted when he allegedly touched her breasts with his mouth.

In this case, the man chose to reply to all questions during his interrogation, but the court pointed out that while the man said he did not work on February 12, his colleague said he did.

Moreover, he did not clean up after finishing the massage and absconded for four days. He was later found at the factory where he worked, and he was arrested.

The court observed that both were consistent in their versions. However, the woman was more credible.

In its considerations on punishment, the court observed that the woman was here on a short holiday and the man had abused his position of trust with the client. The woman was still upset about the incident a year later, when she eventually took the stand, while the man showed no remorse.

The court remarked that such incidents leave a negative impact on tourists visiting the islands, adding that the economy depends on tourism. It also said that the man was in Malta to provide a service, but instead abused the victim’s trust and Malta’s hospitality.

The court jailed the man for three years, from which the time spent under preventive custody is to be deducted.

He was ordered to compensate the victim with €1,500 in damages.

He was ordered to pay €3,672.84 in court expenses.

The man obliged himself not to contact or approach the victim within one year of the judgment against a €1,000 guarantee.

The court ordered that a copy of the judgment be sent to the Principal Immigration Officer to assess whether the man should be deported after serving judgement.

It also ordered that a copy be sent to the CEOs of both Identità and Jobsplus to investigate how masseurs are being employed in the sector.

Magistrate Monica Vella presided.