>> Leslie: WELCOME BACK.
YOUR TIME IS 9:20.
NOW, WE NEED TO WARN YOU, WHAT YOU'RE ABOUT TO HEAR IS VERY GRAPHIC IN NATURE.
THE SAN ANTONIO WOMAN BELIEVES THE SEXUAL ASSAULT LAWS MUST CHANGE AFTER SHE SAID SHE WAS INAPPROPRIATELY TOUCHED DURING A THERAPEUTIC MASSAGE.
>> Mark: THE WOMAN NAMED JANE SAID A MA SHAUJ THERAPIST TOUCHED HER BREAST AND HER VAGINA AND HELD HER DOWN LAST SEPTEMBER.
>> Leslie: THE MAN LEARNED HE WAS NOT GOING TO BE INVESTIGATED FOR SEXUAL ASSAULT.
IT WAS A LOW LEVEL MISDEMEANOR ASSAULT BY CONTACT.
>> WE HAVE TO MAKE SURE THE ALLEGATION MEETS ELEMENTS OF THE OFFENSE.
>> I CLEARLY WAS NOT ENJOYING IT.
HE WAS MENTALLY TORTURING ME WITH WHAT HE WAS SAYING AND WHAT HE WAS DOING.
>> Leslie: IT'S VERY DIFFICULT TO WATCH THAT STORY.
>> Justin: YEAH, IT WAS.
>> Leslie: TEXAS HAS A VERY SPECIFIC DEFINITION WHAT CONSTITUTES A SEXUAL ASSAULT.
LAY IT OUT FOR US?
>> YOU HAVE TO HAV PENETRATION.
SEXUAL ORGAN ORANUS HAS TO BE PENETRATED WITHOUT THEIR CONTENT OR THEIR MOUTH PENETRATED BY ANOTHER PERSON'S SEXUAL ORGAN.
THERE'S NOTHING IN THE PENAL CODE WHICH COVERS GROPINGLY IS ONE OF THE ALLEGATIONS OR SKIN-TO-SKIN CONTACT THAT A PERSON DOES NOT WANT.
IT KNOCKS IT ALL OF THE WAY DOWN TO A CLASS "C" MISDEMEANORLY IS THE EQUIVALENT OF STEALING A PACK OF BUBBLE GUM.
IT'S LOWER LEVEL CHARGE IN TEXAS.
>> Mark: LET'S TALK ABOUT THE THERAPIST'S REASONING?
>> THEY SAID HE WAS CARELESS.
HE DID NOT COMMUNICATE WHAT SHE WANTED DONE DURING THE 90 MINUTE FULL-BODY MASSAGE.
THEIR REASONING WAS WE CAN'T PROVE A SEXUAL ASSAULT TOOK PLACE.
IF THE POLICE CAN'T PROVE SEXUAL ASSAULT TOOK PLACE, AT THE VERY LEAST WE NEED TO TERMINATE THIS EMPLOYEE AND MAKE HIM INELIGIBLE FOR REHIRE.
>> Leslie: IS HE STILL WORKING?
>> HE'S STILL LICENSED IN THE STATE OF TEXAS.
THE WOMAN, JANE, FILED A COMPLAINT WITH THE TEXAS DEPARTMENT OF LICENSING REGULATION.
THEY LICENSE THERAPISTS IN, IT TIMBERWOLVES.
WHILE IT'S OPEN, HE IS STILL ALLOWED TO CONTINUE TO WORK AS A MASSAGE THERAPIST.
FROM OUR UNDERSTANDING FROM DOING AS MUCH RESEARCH FROM HIM ONLINE THAT WE CAN FIND.
HE'S STILL WORKING AS A MA SHAUJ THERAPIST TODAY.
>> Leslie: AND YOU CAN'T IDENTIFY HIM.
>> WE MADE THE CHOICE NOT TO NAME HIM UNTIL HE'S CRIMINALLY CHARGED.
THIS CASE IS WITH THE DISTRICT ATTORNEY'S OFFICE.
THEY ARE WEIGHING THAT TO FILE A CHARGE OF ANY KIND.
AS A PROTECTION FOR US, WE'RE NOT GOING TO NAME HIM PUBLICLY.
>> Mark: YOU TOLD US YOU'VE BEEN IN CONTACT WITH THIS PERSON.
THERE'S BEEN COMMUNICATION BACK AND FORTH.
MAYBE THERE WILL BE A FOLLOWUP.
DO WE HAVE AN IDEA WHEN HE COULD BE FACING CHARGE SNRS.
>> THE CASE WAS HANDED FROM THE CITY'S OFFICE TO THE DISTRICT ATTORNEY'S OFFICE A FEW WEEKS AGO FOR THEM TO TAKE A LOOK AT.
I ASSUME WE'LL KNOW ONE WAY OR THE OTHER THIS SUMMER.
>> Mark: THE WHEELS OF JUSTICE TURN QUITE SLOWLY.
>> THIS IS A CASE THAT SAPD SPECIAL VICTIMS UNIT COULD NOT TAKE ON.
SHE HAD TO GO IN PERSON TO MUNICIPAL COURT.
FILE AN AFFIDAVIT AGAINST THIS MASSAGE THERAPIST.
SHE DID EVERYTHING RIGHT.
SHE DOCUMENTED EVERYTHING THAT HAPPENED TO HER.
SHE DID A FOLLOW-UP INTERVIEW WITH THE POLICE DEPARTMENT.
BECAUSE THERE'S NO PENETRATION DURING THIS INCIDENT IT KNOCKED IT ALL OF THE WAY DOWN THE SCALE.
>> Leslie: FOR THOSE WHO SAID WHY DIDN'T SHE WALK OUT OF THERE.
SHE WAS LITERALLY PARALYZED IN FEAR IS WHAT SHE SAID.
>> SHE SAID SHE DIDN'T KNOW WHAT WAS HAPPENING TO HER.
SHE KNEW SHE SHOULD GET UP AND WALK OUT.
THIS IS THE NINTH OR TENTH MASSAGE SHE HAD DONE.
SHE WAS FAMILIAR WITH HOW ONE SHOULD PLAY OUT BUT SAID SHE WAS PARALYZED WITH FEAR.
>> Mark: HAS TO B CRUSHING FOR WOMEN KNOWING THIS WOMAN DID THE RIGHT THING.
WENT DOWN THE CHECKLIST, FOLLOWED PROTOCOLS TO REPORT THIS AND LEFT IN LIMBO AT THIS POINT.
>> YEAH.
SHE SAID IN T STORY LAST NIGHT, THE LAWS IN TEXAS DON'T CARE ABOUT HER OR HER SITUATION WHICH IS A SAD THING.
>> Leslie: THE OTHER DISTURBING THING THIS IS NOT THE FIRST TIME THIS HAPPENED.
>> THERE'S ACTUALLY TWO MASSAGE THERAPISTS FROM THE SAME SPA, THAT WERE FIRED UNDER VERY SIMILAR ACCUSATIONS.
ONE IN THE SUMMER OF 2016, THIS HAPPENED IN SEPTEMBER OF LAST YEAR.
BOTH CRIMINAL INVESTIGATIONS BUT BOTH, AS FAR AS WE CAN TELL ARE NOT INVESTIGATED AS SEXUAL ASSAULTS.
>> Leslie: OUR HEART WENT OUT TO THE ALLEGED VICTIM.
YOU CAN TELL SHE WAS GENERALLY AFFECTED.
>> SOMETHING BAD HAPPENED TO HER.
IT WAS VERY CLEAR SHE WAS THE VICTIM OF SOME KIND OF ACT.
>> Mark: WHEN THERE'S