Meehan bill would require massage assault reporting - The Delaware County Daily Times

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Owners and employees of massage spas and therapeutic practices would be responsible for reporting allegations of sexual assault of clients under terms of bipartisan legislation that was spurred by a Chester County case in which a man continued to work as a masseur even after a woman complained that he had molested her.

The man, a Lancaster County resident, was eventually convicted of sexually assaulting nine women at the Massage Envy spa in West Goshen, and sentenced to state prison

On Thursday, U.S. Rep. Patrick Meehan, R-7, of Media joined with co-sponsor U.S. Rep. Katherine Clark, D-Mass., in introducing the Duty to Report Sexual Assault Act of 2016. The legislation was crafted in consultation with one of the victims of massage therapist James R. Deiter, who worked at the Massage Envy franchise.

“When the victim of a sexual assault at the hands of a massage therapist in Chester County contacted my office, I met with her and heard her experience” said Meehan. “Her story was tragic and infuriating. Her assault came even after another woman had complained, months before, of an assault by the same employee.

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“But instead of fully investigating or reporting the alleged offender, his employer gave him a short suspension and just days later he was back on the job,” Meehan said.

Indeed, it was not until the woman, 56-year-old Susan Weidemann of Delaware County, reported what had happened to her in the spring of 2015 to West Goshen police that law enforcement became aware of Deiter’s crimes. In the months that followed news of his arrest, more than a half-dozen other women reported being sexual assaulted by him during 2014 and 2015.

“The sickening truths is, American women have a 1-in-4 chance of being sexually assaulted in their lifetimes,” said Clark, the co-sponsor. “When sexual violence persists at such a daunting scale, we all bear the weight and responsibility of it as a national injustice. The Duty to Report Sexual Assault Act is a small, but important step to ensure businesses and our criminal justice system are working in tandem to report and prevent sexual assault.”

According to members of Meehan’s staff and others, the legislation would, if enacted, make it a federal offense for an owner or employee of a massage facility who “knows or reasonably suspects” that another employee had sexually assaulted a client on the premises of the business or while on duty for the business to refrain from reporting the alleged activity to local police.

A conviction would result in a fine of $1,500 and the possibility of six months in federal prison.

But, importantly, the bill does not require law enforcement to investigate or charge an individual with sexual assault unless directed by the alleged victim. Additionally, the bill requires that owners of massage establishments display the policies and procedures regarding sexual assault prevention and response, including the duty to report requirement.

“Claims of sexual abuse should be taken seriously,” Meehan continued. “They should be investigated and pursued in accordance with the victim’s wishes. Requiring massage establishments to report these claims to law enforcement will help ensure victims get the justice and help they deserve – and help prevent future assaults on more innocent victims.”

Weidemann, who has given the Daily Local News permission to use her name in this story, praised Meehan and his staff for acting quickly to introduce the bill. Deiter was sentenced on May 26.

“I am so impressed with Congressman Meehan and his staff for moving in an expeditiously and smooth manner on this issue,” she said in an interview Friday. She said she first met with Meehan on June 20, and the bill was drafted shortly thereafter.

“I am surprised that we need to pass this law,” Weidemann added. “This should not have been something that was allowed to happen.”

In a press release about the bill, Meehan, a former Delaware County and federal prosecutor, said that abusers can become repeat offenders if they feel emboldened because of a lack of reporting.

“Often, abusers become repeat offenders, assaulting multiple women while working at the same massage facility,” he said. “But in some cases, massage facility owners are reluctant to report allegations of misconduct among their employees. Some just don’t know what to do or how to respond. Others may fear the negative publicity that would accompany an investigation by law enforcement.

“Reporting alleged assault will help victims understand their rights, like pursuing an investigation and pressing charges, and the resources available, such as local sexual assault programs,” Meehan said.

Meehan, a three-term incumbent, is seeking re-election this fall. He is opposed by Democrat Mary Ellen Balchunis. The 7th Congressional District covers portions of Chester, Delaware, Montgomery, Lancaster and Berks counties.

Thomas Bellwoar, a West Chester attorney who is representing women who were victimized at the West Goshen Massage Envy in a civil lawsuit that is currently awaiting trial in Philadelphia, added his praise for the legislation.

“The bill introduced by Congressman Meehan is a necessary step forward for the protection of individuals from businesses who place the importance of company profit over the safety and well-being of their clients and customers,” Bellwoar said Friday. “It is a logical and common-sense way to ensure that the complaints and reports of victims of inappropriate conduct or sexual assault will be taken seriously by businesses and reported to the proper authorities.”

The Duty to Report Sexual Assault Act of 2016 has been endorsed by the Pennsylvania Coalition Against Rape and the Crime Victims’ Bar Association.

“Massage is a personal service that requires the utmost trust and professional conduct between the provider and client,” said Delilah Rumberg, the CEO of the Pennsylvania Coalition Against Rape. “It is provided behind closed doors, and requires some level of disrobing and personal touch – by its very nature, this is a situation that could easily be exploited by someone with ill intent.

“This law offers protection to consumers and to the many professional practitioners of massage by mandating that bad actors and abusive actions are reported,” she said.

The 64-year-old Deiter was sentenced by Common Pleas Judge William P. Mahon to 6 1/2 to 13 years in state prison on three counts of felony aggravated indecent assault, and six counts of indecent assault, a misdemeanor. He will also have to register as a sex offender for the rest of his life and serve three years of state-supervised probation.

To contact staff writer Michael P. Rellahan call 610-696-1544.

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