A woman has told a jury that a physiotherapist asked her if she wanted a “happy ending” massage, and touched her breasts during treatment for back pain.
The man, in his 30s, who is not being named due to reporting restrictions, has pleaded not guilty to sexual assault by touching her pubic area, vagina, breasts and buttocks at a gym in the midlands on a date in 2021.
The trial commenced on Tuesday afternoon before Judge Ronan Munro and a jury at Mullingar Circuit Criminal Court.
Ed O’Mahony, in his opening statement for the prosecution, told the jury of nine men and three women that the complainant contacted the accused about her scoliosis diagnosis.
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In evidence, the woman, in her 20s, told the jury that she played sports and had dealt with physios for her scoliosis and severe back pain. She had been doing generic programmes but wanted expert treatment.
The trial heard that she made an appointment with the accused after contacting him via social media and by email.
She went to a room with a physio table. She told the trial that she wore cycling shorts and a long-sleeve top.
The complainant said the accused got her to stand and “looked me up and down” and put one hand on her right rib cage, and the other whole hand covered her left breast for a couple of seconds.
The woman said he told her it was her pectoral muscle, and tension was causing her back issues.
The witness said she thought this was unusual but trusted in his professional judgment. She said he told her to take off her top and shoes. She still had a sports bra on and lay face down, and he got a towel.
She said he told her to put it over her back and carried on working on her.
She alleged he later told her to take off her top. He left the room but returned quickly and she dived down on the bed to cover up because she was completely exposed.
The woman said she lay face down, and he began rubbing her belly with both hands, which she found very unusual and something she had never previously experienced during physio.
The complainant said he talked about her work and that he began to make inappropriate comments. She claims he told her she was “in some nick” and “in some shape”. She claimed he told her that her job must be stressful “and asked if I had ever had a massage with a happy ending”, which she understood to be a sexual massage, or a Thai massage.
She told the jury she replied “No” and thought he was testing how she would respond.
The woman said he asked her to pull down her shorts, which she said was normal for physio, and he began to work on her hip bone. She said that a towel or blanket was moved down and alleged that he pushed really hard near her tailbone causing her pain. He gave a scientific explanation for the soreness.
The woman said he told her to take off her shorts and stepped out, but she did not have a chance to reposition the towel before he came back and told her “he would have taken them off me quicker”.
She said she was wearing just a thong and was covered with the towel, and he continued to work on her glutes and hip before she was asked to turn on her back. The woman said she rolled over and was face up, and he asked her if she wanted to put on an audiovisual headset, and she did.
The woman alleged that he moved the headphones to tell her he was going to work on her chest and groin “in case you think there is anything funny going on”.
The woman said around this time, he told her: “This never happened to me before, but I’m getting hard working on you.” She said she ignored it, closed her eyes and froze.
The complainant said that as he worked on her chest and neck, he removed the towel and touched both her breasts lightly with his fingers like a massage as she lay face up. The woman alleged he rubbed the whole way to her hips.
She told the jury that he said he was going to lose his job over her and that he was wondering if she was thinking the same thing. She said “absolutely not” and that she had self-control.
The woman said he told her, “You are bold, you are bold, I would say you’re wild”.
The complainant said she was terrified, so she put the headphones and goggles back on as a distraction and kept her eyes closed. She said he told her he was releasing a pressure point and touched her not far from her vagina.
The woman told the court she asked him what he was doing, and he used a scientific name.
She testified that it was “absolutely not” similar to groin injury treatment she received previously.
Afterwards the woman alleged the accused told her that he would finish her off in 30 seconds with just his hands. “When I said no, he said, ‘You wouldn’t be saying that if I had my clothes off’”.
She told the jury he told her she did not have to pay but she did.
She told a friend who lived in the area after she left what happened and later called her sister. She said she blamed herself for letting it happen but said she just froze.
The trial continues on Wednesday.
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