A woman who said she was sexually assaulted when she went for a massage spoke only to NBC 6 about the lawsuit she's filed against a well-known massage operator.
The woman's attorneys said the procedures at the Massage Envy in Aventura off Biscayne Boulevard, where the woman was, actually foster an environment conductive to sexual misconduct.
She said the operators are responsible for the sexual assault on her.
"He went under my underwear and he stuck his fingers inside me and then he grabbed my nipple and started playing with my breast and then I woke up and I was freaking out. I didn't know what was going on," the victim told NBC 6.
The woman, whose identity we are concealing, said it was 32-year-old David Gonzalez who assaulted her. He's now facing a charge of sexual battery.
The woman's lawsuit against the Massage Envy in Aventura claims it is responsible for what happened.
Prosecutors charged Gonzalez after, "Gonzalez consented to a DNA mouth swab, and the investigating officer found the saliva swabs from the woman's right nipple matched Gonzalez. He was the source of the DNA profile," according to the lawsuit.
"I said no and he covered my mouth," the victim said.
The woman's attorneys said Massage Envy's own manual and workbook state when there is a complaint the, "Administrator should immediately respond to the guest's need and get them to a private room. Let them recover, allow them to explain what happened and document. Do not admit/deny/or make any promise about the allegation other than promise to investigate and take appropriate action."
But the woman said she got little response.
"I told her what happened and she came out and took some notes and that was that, never told me to call the police, nothing," the woman said.
"This gentleman should never have been hired by Massage Envy," said David Kubiliun, the woman's attorney. "They didn't even bother calling law enforcement. It was basically their duty and policy to just investigate."
Massage Envy sent NBC 6 a statement saying:
"Massage Envy and its franchisees take every allegation of inappropriate conduct very seriously. We are appalled that the therapist involved in this incident appears to have violated our Code of Conduct and Zero Tolerance Policy, which is the foundation of our commitment to ensure our guests have a safe and professional experience when they visit our franchises."
Gonzalez has been terminated and can't work at any Massage Envy location. On the criminal side, he has entered a not guilty plea.