Breit Biniazan Files Claims Over Sexualized Hazing in Liberty High School Wrestling Program
Sexual assault and abuse in school athletic programs often stay hidden for years. Students fear retaliation, embarrassment, or not being believed. Parents raise concerns only to be told the behavior is “just hazing” or part of team culture. At Breit Biniazan, we see firsthand how damaging that silence can be.
Our firm has filed claims on behalf of former Liberty High School wrestlers who were allegedly subjected to sexualized hazing and abuse within the school’s wrestling program. These cases are about holding a school district and its leadership responsible for allowing a dangerous culture to exist and persist.
Claims Filed Against Peoria Unified School District and School Leadership
Attorneys at Breit Biniazan filed formal notices of claim against the Peoria Unified School District and multiple senior administrators after investigating years of misconduct within the Liberty High School wrestling program.
Arizona law requires a notice of claim before suing a public school district. These filings put the district on notice that former students are seeking accountability for sexual assault, sexualized hazing, and systemic failures to protect student-athletes.
Our clients are seeking meaningful financial recovery, but just as importantly, they are demanding changes to ensure this type of abuse is not allowed to continue under the guise of school athletics.
Sexual Assault and Hazing Inside a High School Wrestling Program
The claims filed describe a wrestling program where the alleged sexually abusive conduct became routine. Students were allegedly forced into sexual contact, physical assaults, and intimidation during practices and team activities.
These incidents were not isolated. The alleged abuse began early in our clients’ high school careers and continued over multiple years. The environment inside the program allowed this behavior to escalate, creating serious risk to student safety.
Sexual assault is not hazing. When schools fail to draw that line, students suffer.
School Officials Failed to Protect Student-Athletes
These cases are not limited to the actions of individual students. They focus on what school leaders failed to do.
The claims filed by our firm allege that school administrators and district leadership:
Failed to protect students from known risks
Failed to stop a pattern of sexualized abuse within the program
Failed to properly supervise practices and athletic facilities
Failed to follow required reporting and intervention procedures
When adults with authority do nothing, abuse continues. Schools are not allowed to look the other way.
More Former Liberty Wrestlers Come Forward
The Fortenberry brothers were among the first former Liberty High School wrestlers to speak out. Since then, additional former students have come forward with similar accounts of sexualized hazing and abuse within the same program.
Several of those former wrestlers have also taken legal action, describing how the environment inside the wrestling program permanently affected their education, mental health, and trust in authority.
When multiple students describe the same misconduct, it points to a systemic failure and not a misunderstanding.
Why Sexual Assault in Schools Demands Accountability
Sexual assault and abuse in schools leave lasting damage. Survivors often carry the impact into adulthood, affecting their mental health, education, and ability to trust institutions that were supposed to protect them.
Civil legal action is one of the only ways families can force transparency and change when schools fail. These cases are about protecting future students and making sure school districts take responsibility when they fall short.
As our firm has stated publicly, progress requires action from those who have the power to protect students and the willingness to use it.
Breit Biniazan’s Commitment to Student Safety
At Breit Biniazan, we represent individuals facing powerful institutions when the stakes could not be higher. We filed these claims to demand accountability, enforce safety standards, and ensure schools do not minimize or ignore sexual abuse.
We believe schools must answer for the environments they allow to exist. When student safety is compromised, silence is not an option.
Legal Help for Sexual Assault and Hazing in Arizona Schools
If you or your child experienced sexual assault, abuse, or sexualized hazing in a school or athletic program in Arizona, you may have legal options.
The attorneys at Breit Biniazan are available to discuss these matters confidentially and help families understand what accountability may look like. These conversations are focused on clarity, not pressure. Reach out to our compassionate team today at (855) 659-4457 to make sure your voice is heard.
Importance of Trauma Informed Care in the Legal Industry
A relatively new body of research on trauma and the brain has resulted in incredible insights to the physical and emotional effects that trauma can have on a person. From lapses in memory to extreme anxiety, the emotional toll of trauma can be quite debilitating.
First, let’s define trauma. Trauma can be defined as a deeply disturbing or distressing experience such as a car accident or natural disaster or something more sinister like sexual assault or domestic violence. Everyone processes trauma differently, usually in the short-term exhibiting signs of shock and denial immediately following the event. For others, trauma manifests in the longer term as unpredictable emotions, flashbacks, strained relationships, and even physical symptoms like headaches or nausea. Trauma-informed research has taken these definitions further to understand the science behind what happens to the brain when a traumatic experience occurs as well as how the brain reacts after.
The truth is it is highly likely that we interact with people on a daily basis who have suffered some sort of trauma. Like an invisible wound, trauma can wreak havoc on a person and there may be no way to know from the outside that they are suffering. Unfortunately, most of our clients have suffered a traumatic experience prior to needing our personal injury legal services, making it all the more important that our team understands best practices for trauma informed communications in order to make the experience as comfortable as possible for the client.
It is with this initial understanding that our team engaged the services of Dr. Laura McGuire from the National Center for Equity and Agency to take us through a Trauma-Informed Legal Professional Certification Course. The National Center for Equity and Agency offers the only Trauma-Informed Law Certification for attorneys and law firms in the United States. This certification goes far beyond trauma-informed 101 and gives participants a number of unique advantages:
Participants leave as distinguished experts in how trauma impacts their clients and how to use TI principles for self-preservation and sustainability.
Legal professionals who use these practices can increase client satisfaction, improve case outcomes, increase client retention and referrals.
Certified professionals differentiate their practice and become the go-to source for referrals from advocates in their area while sharing with potential clients a core reason to choose them as their representation.
Dr. Laura McGuire is a nationally recognized sexuality educator, trauma-informed specialist, inclusion consultant, and founder of The National Center for Equity and Agency. She has worked as an instructor, presenter, educator, consultant, and trainer. In 2015, she served as the first Sexual Violence Prevention and Education Program Manager at the University of Houston, and in 2017, she became the first Victim Advocate/Prevention Educator at the US Merchant Marine Academy.
In both roles, she worked simultaneously as a victim-advocate and restorative practice provider for respondents. As a domestic violence and sexual harassment survivor navigating the legal system, Dr. McGuire saw the major gaps between what research showed and what those reporting experienced. The Trauma-Informed Legal Professional Certification program was developed to help legal teams better support their clients in crisis, making a difficult process a little easier for all involved. The program integrates Dr. McGuire’s experience and scholarly expertise to give insight and actionable tools to attorneys and providers across the country.
So what exactly does the Trauma-Informed Legal Professional Certification Course entail? The Trauma-Informed Legal Professional Certification is the first of its kind- offering legal professionals the tools to work with clients in crisis and to safeguard themselves from the impacts of secondary trauma. This certification blends trauma-informed care theory with real-world application customized to the realities of what lawyers and their clients face in navigating legal systems and judicial realities.
As we learn more about being trauma informed, we gain better understanding of how working with trauma survivors can increase the risk for burnout and secondary traumatic stress within our own organization. Additionally external factors and stressors that an employer may not be aware of, as well as an employee’s personal trauma history can add to the risk. The bottom line is this: whether or not someone has a history of trauma, working firsthand with survivors who have gone through so much suffering and adversity can be deeply impactful and it is critical to make sure all parties involved, whether client or employee, are protected from these stressors.
Our team recently completed the certification process and it was an amazing experience for everyone involved. As a law firm focused on the needs of our clients, we realized that we don’t often take time to think of the secondary effects that trauma can have on us. Taking time to become educated on how to better care for our clients going through these stressful situations also helped us to identify how to better care for each other.
Following the training, Kevin Biniazan and Dr. McGuire sat down to debrief on the importance of trauma informed practices for the legal industry. We invite you to watch our podcast video to learn more. You can also contact Dr. Laura McGuire through the National Center for Equity and Agency.
Fairfax County Arrested Manager at Wildflour Bakery for Alleged Sexual Assault
Fairfax County Police have arrested Alberto Figueiredo, the manager at Wildflour Bakery in Fairfax. The suspect was charged with felony sexual assault after a female employee reported being groped and molested on numerous occasions by him – most recently last month according to reports from police sources (1/2020).
The female employee who went to the police has special needs, like many of the other employees at the bakery. The bakery has historically hired individuals with special needs and physical disabilities.
This is significant because people with different needs are especially vulnerable to manipulation and are frequently targets for criminals. Local police worry that the female employee is one of many victims, as Figueiredo has worked at the bakery for over a decade. During this time, the bakery actively employed individuals with special needs.
It is essential for victims of abuse, especially those who were abused as an employee at Wildflour Bakery, to know that Virginia has a 20-year statute of limitations for cases filed by developmentally disabled individuals. To discuss your case confidentially with Virginia’s top sexual abuse lawyers, give us a call today.
Can I Still File a Claim? The Statute of Limitations On Sexual Abuse and Assault Cases
There’s a lot of confusion regarding a survivor’s legal rights following sexual abuse or sexual assault. A common misconception is that victims can only pursue criminal proceedings to have the attacker arrested and charged. But survivors can also pursue civil proceedings as well. This leads to the second area of confusion for many survivors: How long do I have to file a claim?
The answer isn’t always cut and dry. In the article below, we discuss the statute of limitations for sexual abuse and sexual assault cases in Virginia and the U.S., as well as other factors that impact the amount of time a survivor has to file a claim.
First, it’s important to know the key differences between sexual abuse and sexual assault, as the status of limitations for each type of case can vary depending on the circumstances.
Sexual abuse involves crimes committed against minors.
Sexual assault involves crimes committed against adults.
These two terms are often used interchangeably but are treated very differently by courts.
Sexual Abuse
Since minors can’t consent to sexual activity, any contact with a minor is illegal. And in the civil realm, minor abuse survivors (through their parents or guardians) can sue their abuser for civil damages.
Under Virginia law, sexual abuse can include any of the following actions:
Exposing one’s genitals to a minor
Fondling a minor’s intimate parts
Forcing a minor to fondle their own intimate parts
Engaging in any penetrative sexual acts with a minor
Taking sexually explicit images or videos of children
Forcing a minor to watch the abuser masturbate
If you suspect child abuse or know a minor has been abused in any of these ways, it’s not too late to seek help. The statute of limitations may be longer than you think.
Sexual Assault
Virginia law defines sexual assault as including only sex crimes against adults. Sexual assault can include the following actions:
Rape
Sodomy
Object sexual penetration
Sexual abuse
Sexual battery
Sexual touching of intimate parts or material covering such intimate parts
Forced sexual touching
Any other act with the intent to sexually molest, arouse, or gratify any person
Just like sexual abuse survivors, sexual assault survivors can bring a legal claim against their abuser to recover financial damages.
What Does Statute of Limitations Mean?
The term “statute of limitations” (SOL) refers to the amount of time you have to file a claim against your attacker.
While most personal injury cases have an SOL of two years from the incident, calculating the limitations period for sexual abuse or assault can be trickier.
Virginia Sexual Abuse Statute of Limitations: 20 Years From Accrual
Under Virginia statute § 8.01-243, the statute of limitations on sexual abuse of a minor doesn’t expire until 20 years after the cause of action accrues.
A cause of action may “accrue” when:
A minor turns 18 (see Virginia statute § 8.01-249(6))
A minor first communicates the abuse to a therapist
Determining whether the SOL has expired in a child sex abuse case is very fact-specific.
Different factors play a role in this legal determination, including:
When the sexual abuse occurred
The age of the survivor at the time of the abuse, and
Whether the survivor has received medical treatment related to the sexual abuse
We strongly encourage all survivors of child sexual abuse to consult with an attorney, at Breit Biniazan or elsewhere, as soon as possible to better understand their rights and whether they have a viable legal cause of action.
Sexual Abuse Statutes of Limitations in the U.S.
Each state has its own statute of limitations for sexual abuse of a minor. These time limits vary widely, from 1 year in Tennessee to 35 years in Massachusetts.
There are always exceptions to the sexual abuse statute of limitations, so you shouldn’t let this prevent you or a loved one from seeking help.
In many states, the statute of limitations for abuse of a minor may be tolled (or paused) until they turn 18. Others, like Georgia, pause the statute of limitations for sexual crimes for victims aged 65 and older until the abuse has been reported to an authority. Contact an attorney in your state to learn more about your options.
Within 1-2 years from the date of the incident
Delaware (2 years)
Hawaii (2 years)*
Indiana (2 years)
New Jersey (2 years)
New York (1 year for intentional torts)*
Oklahoma (2 years from act, discovery, or age 18)**
Tennessee (1 year general SOL)*
Virginia (2 years)*
Wisconsin (2 years after age 18)*
*States that toll the statute of limitations until the victim turns 18.
** States that toll the statute of limitations until 2 years of the last act, 2 years of age 18, or 2 years of discovery, up to 20 years from age 18.
Within 3 years from the date of the incident
Arkansas
District of Columbia
Kansas (from the realization of injury or age 18)
Mississippi (and 3 years from age 18)
Missouri (3 years from the date of discovery of the abuse or 5 years from age 18)
Montana
New Hampshire (3 years from discovery or 12 years from 18)
New Mexico (or until the victim turns 24)
North Carolina*
Oregon (3 years from discovery or 6 years of age 18)
South Carolina (3 years from the realization of injury or 6 years from age 21)**
South Dakota
Washington (3 years from act or discovery)*
*States that toll the statute of limitations until the victim turns 18.
** States that toll the statute of limitations until the victim turns 21.
Within 4-7 years from the date of the incident
Iowa (4 years)
Kentucky (5 years from incident, discovery, or age 18)
Maryland (7 years from age 18)
Minnesota (6 years)*
Nebraska (4 years, under general tort SOL)**
Rhode Island (7 years from act or discovery or 3 years of accrual)
Vermont (6 years)
*States that toll the statute of limitations until the victim turns 18.
** States that toll the statute of limitations until the victim turns 21.
Within 10-12 years from the date of the incident
California (10 years)
Illinois (10 years)
Louisiana (10 years)*
Nevada (10 years from date or age 18)*
North Dakota (10 years)
Ohio (12 years from age 18)*
Pennsylvania (12 years from age 18)*
*States that toll the statute of limitations until the victim turns 18.
Within 15-35 years from the date of the incident
Texas (15 years)*
Colorado (20 years)
Connecticut (30 years)
Massachusetts (35 years)*
West Virginia (20 years)
*States that toll the statute of limitations until the victim turns 18.
No special statute of limitations
Alabama (can be brought within 2 years of injury)
Alaska (can file at any time)
Arizona (same as general SOL, unless minority and disability)
Maine (can file at any time)
Michigan (same as general SOL, within 10 years of the act)
Utah (can file at any time)
Other statutes of limitations
In Florida, any claims founded on alleged sexual abuse of incest may be filed within 4 years after the victim is no longer dependent on the abuser, 4 years from the time of discovery of the abuse or injury, or within 7 years after the victim turns 18.
In Georgia, effective July 1, 2015, any civil action alleging childhood sexual abuse should be filed before the victim turns 53 years old unless it is a crime for which the law stipulates a statute of limitations no longer than 15 years.
In Idaho, in cases dating after July 1, 1989, the suit may be brought within 5 years of the victim turning 18.
In Wyoming, victims must file sexual abuse claims within 3 years from the discovery of the abuse or within 8 years after turning 18.
What to Expect After Filing a Sexual Abuse Lawsuit
Once you’ve filed your lawsuit and named the parties responsible for the abuse, these defendants will have an opportunity to file a response—or “answer”—to the complaint. This answer will admit or deny specific allegations, giving you and your attorney a better idea of what evidence will be needed to build the strongest possible case.
As the case progresses, both parties can seek discovery from the opposing parties. This discovery may include any physical evidence in a party’s possession, judicial admissions, affidavits, and other relevant evidence.
At some point, the defendant may offer to settle the claim outside of court. Accepting a settlement offer usually means dismissing the civil claim and agreeing that the settlement amount discharges any potential claims you could bring against a defendant. This is one reason it’s crucial to seek an attorney’s advice as early as possible in the process—your attorney is in the best position to evaluate a settlement offer and ensure that it offers fair compensation for your claims.
Virginia Sexual Assault Statute of Limitations: 2 (or More) Years
Virginia has eliminated the criminal statute of limitations for all felony sex crimes. This means that an offender can be prosecuted for rape, sexual battery, or other serious sex crimes even decades after the offense.
Calculating the statute of limitations for civil sexual assault claims is tougher.
Sometimes, the “default” two-year SOL for personal injury claims applies. In other cases, the SOL can be tolled, or paused, based on the circumstances.
Reporting sexual assault can be tough, and it’s important to go at your own pace. Far too often, survivors are afraid to step forward because they fear their attacker or because they feel it is too late to take action.
Don’t let the statute of limitations prevent you from seeking help—there are a variety of exceptions that can extend or pause the statute of limitations for a particular case. Contact an attorney in your state to discuss your legal options.
Sexual Assault Statutes of Limitations in the U.S.
As with sexual abuse, each state sets forth its own sexual assault statute of limitation. But unlike the sexual abuse limitation periods, sexual assault statutes of limitations can usually be measured in single-digit years.
Within 1 year from the date of the incident
Kentucky
Louisiana
Tennessee
Within 2 years from the date of the incident
Alabama
Arizona
California
Colorado
Delaware
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Maine
Michigan
Nevada
New Jersey
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Virginia
West Virginia
Wisconsin
Within 3 years from the date of the incident
Alaska
Arkansas
District of Columbia
Maryland
Massachusetts
Mississippi
Montana
New Hampshire
New Mexico
North Carolina
Rhode Island
South Carolina
South Dakota
Vermont
Washington
Within 4 to 6 years from the date of the incident
Minnesota (6 years)
Missouri (5 years)
Nebraska (4 years)
New York (5 years)
Texas (5 years)
Utah (4 years)
Wyoming (4 years)
Other statutes of limitations
A few states have either done away with the sexual assault statute of limitations entirely or have made it flexible according to the facts of the case.
In Connecticut, there is no time limit within which to bring cases of sexual assault or aggravated sexual assault.
In Florida, a sexual assault victim has seven years from the age of majority (18), four years after they leave the dependency of their abuser, or four years from the time the sexual assault is discovered—whichever is latest.
In Illinois, there’s no statute of limitations in a civil lawsuit alleging Class X felony aggravated criminal sexual assault, Class X felony predatory criminal sexual assault, or Class 1 felony criminal sexual assault.
What to Expect After Filing a Sexual Assault Lawsuit
Like a sexual abuse lawsuit, once you’ve filed the complaint, the defendants will have an opportunity to file an answer, narrowing the claims at issue.
It’s also important to note that any civil claim will proceed on a separate track from a criminal claim. In other words, if the defendant is also being criminally charged with sexual assault, these cases won’t be litigated together—a defendant can be found civilly liable for sexual assault even if the criminal case never results in a conviction. What’s more, a plaintiff is free to bring a civil sexual assault claim even if the defendant was never criminally charged.
To avoid litigating the same facts in two separate proceedings, some courts may pause, or “stay,” the civil action until the criminal proceeding has concluded. And this delay can come with some benefits; if the defendant is convicted of sexual assault in criminal court, this is likely to bolster the strength of your civil sexual assault claim.
Next Steps
If you have been a victim of sexual assault or sexual abuse, your first call should be the police. Once your criminal matter is underway, you can pursue a civil lawsuit to compensate you for the physical and emotional trauma you’ve suffered from the heinous act.
It’s important to know your rights in filing a lawsuit against your attacker so you can move forward and pursue the justice you deserve.
Our Virginia sexual assault attorneys work with our clients to help them understand what options they have and how they can protect their rights after an attack. At Breit Biniazan, we put your needs first. We’ll treat your case with the care and respect it deserves.
Who Is Responsible for Paying in Sexual Abuse and Assault Cases?
The statistics on sexual assault in the U.S. are staggering and sobering. Every 68 seconds, an American is sexually abused or sexually assaulted. This means that every year in the U.S., more than 460,000 people age 12 and older are subject to abusive sexual behavior.
Of course, the individual who committed the sexual abuse or assault is personally responsible for compensating the victim for the harm they caused. But often, individuals do not have the personal assets to fully compensate the victim. So who else can be held liable?
Below, we discuss just a few of the individuals and entities that can be ordered to pay damages in a sexual abuse or assault case.
Sexual Abuse vs. Sexual Assault
First, it’s important to understand some key differences between abuse and assault under Virginia law, as they can impact the legal action you choose to take.
Sexual abuse refers to sexual crimes committed against those under age 18.
Sexual assault refers to sexual crimes committed against adults.
Although these terms are often used interchangeably, sexual abuse and sexual assault are treated differently by courts and have different statutes of limitations.
Who Is Responsible for Paying Damages in a Sexual Abuse or Sexual Assault Case?
The Offender’s Employer or Supervisor
In most personal injury cases—like car accidents—the offender’s personal insurance provider pays any damages. However, most insurance policies don’t cover criminal or intentional acts, and the offender may not have enough assets to compensate the assault survivor.
At this point, it’s worth going up a level to see whether the offender’s employer may be responsible for their actions. After all, many cases of sexual abuse involve people who have been placed in positions of trust. These can include:
Clergy members
Teachers
Coaches
Boy Scout troop leaders
Day care workers
Doctors
This allows assault survivors to potentially hold churches, schools, daycares, or other organizations legally responsible for their agent’s abusive actions.
First and foremost, the individual who committed the sexual abuse should be held responsible. But on occasion, the individual doesn’t have the financial standing to rightfully compensate survivors. Or, the individual has passed on and cannot be brought to court.
In those cases, if the perpetrator is a member of the clergy or another individual employed by or acting on behalf of the church, then the church may also be liable for the harm their employee or agent caused.
The church may also be directly liable if it had knowledge of past incidents of assault or improper acts by the perpetrator and hired them anyway or continued to permit them to prey upon innocent victims.
If you pursue a lawsuit against a church, your attorney will carefully review the church’s insurance policy to see if it provides coverage for sexual assault claims. And if the church’s insurance policy doesn’t cover these claims, you may be able to recover assets from the church directly.
Teachers and Coaches
Just as churches may be responsible for their clergy members, schools may be responsible for the sexually abusive actions of teachers or coaches.
Under Title IX of the Educational Amendments Act of 1972, students can sue public schools that fail to take action against sexual abuse, assault, and harassment from fellow students, teachers, and school employees.
Most sexual assault and abuse lawsuits against schools are Title IX lawsuits. If a sexual assault survivor wins a Title IX lawsuit, the school’s insurance policy will pay any damages.
Troop or Club Leaders
The Boy Scouts of America have been criticized for turning a blind eye to sex abuse within their ranks. However, they’re far from the only organization dealing with these systemic problems.
There are a few common factors among organizations like the Scouts that can increase the risk of child sex abuse.
For example, a recent survey of Scouting abuse survivors revealed that nearly 80 percent of them were assaulted at a Scout activity, camp or meeting. Meanwhile, about 75 percent of the abusers were troop leaders.
The survey also revealed that some abuse risk factors are part of Scouting’s structure. These include:
Putting children in new situations where they’re vulnerable
Allowing adults to have unsupervised one-on-one time with children
Isolating children from safe communities of adults
Because these dangers are systemic, someone who has been sexually abused or assaulted by a Scout troop leader may be able to hold the Boy Scouts organization liable.
Daycares and Child Care Centers
It can be heartbreaking to imagine children suffering abuse at the hands of their care provider. Unfortunately, this happens. In 2017, more than 2,000 daycare providers abused at least one child in their care.
If your child was sexually abused by a daycare provider, the daycare may be financially responsible for any damages. And if you can show that a daycare failed to conduct proper background checks or respond to parent complaints, your case will be even stronger.
Manipulates the physician-patient relationship in a sexual way
Is neither diagnostic nor therapeutic, but sexual in nature
Doctors and even the overseeing hospital can be held liable for acts of sexual abuse.
Why Pursue Damages in a Sexual Assault or Sexual Abuse Case?
For survivors, it’s important to take legal action and hold responsible parties accountable for several reasons.
First, survivors can recover financial damages to help cover the physical and emotional costs of the abuse. This includes medical expenses, therapy costs, lost wages, and more.
Second, survivors can pursue justice, knowing that the responsible party will be held accountable for their actions.
Third, survivors can incite change, helping protect others who either haven’t come forward or could have suffered in the future if the actions were ignored.
In Summary
Sexual abuse isn’t just punishable through the criminal justice system. Abuse and assault survivors can also seek justice through a civil lawsuit. If successful, a lawsuit allows the assault survivor to recover financial damages from their abuser.
At Breit Biniazan, our Virginia personal injury attorneys have taken action against clergy members, teachers, doctors, Scout leaders, and others who have sexually abused children. We know what it takes to help survivors of sexual abuse and assault seek compensation. We never back down when it comes to obtaining justice for our clients, and we’re ready to provide you with a strong voice against your attacker.
We’re here for you if you need legal guidance. Taking the first step is easy. You can start by setting up a free and confidential consultation. Contact us online or call us at (855) 659-4457.
Massage Luxe Salon in Williamsburg Hired a Convicted Sexual Abuser Who Then Sexually Assaulted Several Other Women
Three Law Firms File Multi-Count Lawsuits in VA Beach on Behalf of Four Women Seeking More Than $100-Million in Combined Damages Against Massage Luxe and Local Franchisee
Despite advertised assurances that clients would always be safe from sexual assaults, Massage Luxe, which has 73 salons in 15 states, enabled Shawn Lamont Robinson to work at its Williamsburg salon where Robinson sexually assaulted several women including the four clients who bring these suits. Massage Luxe’s grossly irresponsible hiring of Robinson and failure to terminate Robinson’s employment provided Robinson unfettered access to unsuspecting victims. Four women represented by the law firms of Breit Biniazan, Marks and Harrison, and Christina Pendleton & Associates filed civil suits today against the company and its local franchisee, seeking more than $100-million in damages.
Robinson, who is now in a state prison, first assaulted a woman in February 2018 at a Massage Envy in Chesterfield County. During the session, Robinson, who was issued a license to practice massage in 2017, removed the woman’s undergarments, penetrated her anus with his finger and “brushed up against her vagina.” She reported the incident to authorities six days later, but during the interim, Robinson assaulted a second woman client at a Massage Luxe, also in Chesterfield, this time fondling her genitals and then penetrating her with his penis.
A year later, on March 18, 2019, Chesterfield County indicted Robinson, who had admitted his crime to investigators, for sexual assault, sexual abuse, and rape of the second complainant. Six months after being indicted, Robinson had still not been arrested for his crimes and was hired by a Massage Luxe in Henrico County. That same day, Robinson “repeatedly massaged a woman’s buttocks, despite her protestations…and attempted to digitally penetrate her anus.” Client C, as she is described in the suit, informed other employees as she departed the premises. Robinson however came to work the very next day, massaging a fourth woman’s buttocks under a sheet, an act that she subsequently reported to the store.
These first four victims, however, are not the plaintiffs in the lawsuits filed by the attorneys. Instead, Plaintiffs are four additional women who came to Massage Luxe in Williamsburg unaware that that they could have avoided the subsequent abuse they suffered if Massage Luxe had made certain Robinson never worked for the company again.
The four plaintiffs are:
C.R., represented by Breit Biniazan, claims that on December 1, 2020, at a Massage Luxe in Williamsburg, while she was lying on her stomach, Shawn Robinson, without her consent, massaged her buttocks and inner thighs, then opened her legs in a wide fashion. Not knowing this was inappropriate, she returned two weeks later, with Robinson again assigned as her masseuse. This time she says, he masturbated during the session and touched her genitals and penetrated her anus and vagina. C.R. reported the assault to other employees and then to law enforcement.
Dawn Broker, represented by Marks and Harrison, went to a Massage Luxe in Williamsburg on October 27, 2020, and was assigned to Robinson who proceeded to remove a drape from over her nude body. Then without her consent, he touched her genitals. After the session, Broker left without informing the salon staff, but after seeing news reports that Robinson had been arrested on December 15, 2020, she did contact authorities.
Monica Clayton booked a massage on December 5 at the same Williamsburg Massage Luxe and was assigned to Shawn Robinson. Clayton says Robinson massaged her buttocks underneath the sheet, then touched her inner thighs and genitals and cupped her breasts with his hands. Like the other clients, Clayton said she was “embarrassed, shocked and confused,” and left without informing staff. She later “gained her courage” to call police after seeing reports of Robinson’s arrest.
A female identified as Jane Doe and represented by attorney Damon Pendleton went to the Williamsburg Massage Luxe on October 6, 2020, where Shawn Robinson was her therapist. During the session, she claims Robinson uncovered her naked body, penetrated her anus with both of his fingers and continued the massage 30 minutes longer than scheduled. Thinking that she received the extended session because of accidental penetration, she returned on October 28 to be massaged again by Robinson. This time “Jane Doe” wore shorts, which Robinson twice tried to remove before she ended the session and left without informing staff. She subsequently contacted police after learning of Robinson’s arrest on December 15 of that year.
Despite indicting Robinson on March 18, 2019, Chesterfield County police did not arrest Robinson until March of 2020. In July of that year, he pled guilty to a lesser charge of sexual assault and was sentenced to 12 months in prison with eight suspended, but he served just two. The Massage Luxe at The Premises in Williamsburg hired Robinson a month later. Finally, in October 2020, the Virginia Board of Nursing, which oversees the massage industry, suspended Robinson’s license to practice. Massage Luxe in Williamsburg retained him as a therapist until December 5, 2020. That day, another female customer was assigned to Robinson who proceeded to fondle her naked buttocks, moved his hands between her thighs, touched her genitals and even fondled her breasts without her consent.
Each eight-count suit against Massage Luxe International and Massage Luxe Williamsburg LLC alleges that the defendants permitted assault and battery, grossly negligent and reckless hiring and retention, a “wanton breach of duty,” numerous violations of the Virginia Consumer Protection Act and “civil conspiracy to commit fraud”.
Claiming the plaintiffs suffered bodily injuries, mental anguish, humiliation and embarrassment and lost earning capacity, each suit asks for $25-million in compensatory and $350,000 in punitive damages. “Massage Luxe’s hiring and retention of Robinson is unconscionable,” says attorney Kevin Biniazan on behalf of the other lawyers in the four cases. “That they continued to allow and assign Robinson to conduct massages on unsuspecting clients without warning is beyond the pale, and the lawsuits are meant to send a message to this industry that this type of horrible practice, which we understand occurs nationwide. It needs to stop immediately.”
Because the Registered Agent for the franchisee is in Virginia Beach, all the lawsuits were filed in the Circuit Court of that city.