Ben E. Benjamin, PHD
Since 2004, Ben E. Benjamin, Ph.D., LMT, has been an expert witness in cases of sexual assault and abuse in a massage/spa context for both the Plaintiff and the Defense, testifying in depositions and trials, as well as writing reports. He only accepts cases he believes in, to give a fair and honest assessment of each case.
He also performs Risk Management Assessments for spas and massage clinics that want to improve safety for their clients and therapists and reduce the possibility of inappropriate sexual behavior.
Dr. Benjamin has been in the massage industry for six decades. He began his massage practice in 1963 and, in 1974, founded the Muscular Therapy Institute (MTI), a school he owned and directed for over 30 years. He then received his Ph.D. in Sports Medicine in 1979.
In the 1980s, he developed a 150-hour MTI curriculum in ethics, sexuality, and communication skills for therapists in training. He has taught courses in ethics, boundaries, sexuality, and communication to somatic therapists for over 40 years and now runs a subscription-based learning website, The Benjamin Institute.
In addition, Dr. Benjamin has done much pioneering work in ethics and communication, writing articles on professional, sexual, and business ethics. He co-authored The Ethics of Touch, the textbook most North American massage schools use to teach ethics and boundaries to massage therapists and other hands-on health care professionals.
He is a founding member of the Massage Industry Counsel on Ethics. A group of ethics professionals helping to set the standards of care for the massage industry by developing guidelines for the prevention of sexual assault.
Resources
- Expert witness statement in the matter of Darcy Sharon vs. CR Las Vegas, LLC; Case No. A- 11-649832-C, District Court, Clark County, Nevada.
- Expert witness statement in the matter of Jane Doe vs. Jong” John” Kim, an individual; Sandra Caron European Spa; Case No. CIV474475, In the Superior Court of California, In and For the County of San Mateo.
- Expert witness statement in the matter of Harrison Vs Fera; Case No. CV2016-017583, In the Superior Court of the State of Arizona, In and For the County of Maricopa.
- Expert witness statement in the matter of S.K.S. vs. Divine Massage Clinic, LLC and Gregory Roger Gilbert; Case No. 2015-07651, In the 190th Judicial District of Harris County, Texas.
- Expert witness statement in the matter of Alison Crabtree vs Philip Featherstone; Case No. 11CVS16682, Mecklenburg County, North Carolina. (First dismissed, Case No. 13CVS20844)
- Expert witness statement in the matter of Pilla vs Carter; Case No. SOML-597-14, Somerset Superior Court, Somerset, New Jersey.
- Expert witness statement in the matter of Jennifer Coffey v. Christopher Gately; Case No. 217-2014-CV-00643 Merrimack Superior Court Concord, NH.
- Expert witness statement in the matter of C.S. v. Pueblo of Isleta, Hard Rock Hotel and Casino and Anthony Aragon; Case No. DV-1935-11, Metropolitan Court, State of New Mexico, County of Beralillo, Second Judicial District.
- Expert witness statement in the matter of Robert Arkakelow and Audrey Arakelow vs. The Boston Bodyworker, LLC and Hallie Baker; Civil Action No. SUCV2014-00445-E, Superior Court Department, Suffolk County, Commonwealth of Massachusetts.
- Expert witness statement in the matter of Jane SM Doe, vs Massage Green, Case No. MCC1400308; Superior Court of the State of California, County of Riverside.
- Expert witness statement in the matter of Jane Doe vs. Bella Sante, settled.
- Expert witness statement in the matter of L.M. and G.M. v. Valdivia-Vizcaino, University Park Retreat, LLC DVA Massage Heights, (DOL: 7/25/2013) (File #: 15-28) Civil Action Case No. 2015-CA-001162 AX, Circuit Court of the 12th Judicial Circuit For Manatee County, Florida.
- Expert witness statement in the matter of Jane Doe; and John Doe vs. Clifford Winburn; Massage Envy Englewood; Erames, Llc; Novarus Capital Group, Inc.; And Massage Envy Franchising, LLC; Case No. 2017CV32895, District Court, Arapahoe County, Colorado.
- Expert witness statement in the matter of Lauren Leaky vs. The Setai Group LLC And Jason Turner, American Leisure Management Of New York City, Corp., And 40 Broad Spa Owner LLC; Case No. 151298/14, Supreme Court of the State of New York, County of New York.
- Expert witness statement in the matter of Natalie M. Starr vs. Raymond F. Georgen, M.D.; Kevin E. Wasco, M.D.; MMIC INS., INC.; Case No. 15-CV-669, Circuit Court, Winnebago County, Wisconsin.
- Expert witness statement in the matter of Meredith Carr vs. Anthony Brian Robinson and Steiner Resort Spas, Inc.; Case NO. 2019 CVS 6035, General Court of Justice, Superior Court Division, County of Wake, North Carolina.
- Expert witness statement in the matter of Jane Doe vs. Kascia Tognoli; Escape Salon and Spa; K.E.T. Consulting, LLC; and Roe Corporations. Case No. A-118-767470-C, District Court, Clark County, Nevada.
- Expert witness statement in the matter of Cabanne Schlafly Howard vs Four Seasons Hotel St. Louis, LLC; Tropican Entertainment, Inc.; Lumiere Place Casino & Hotels; Kamren M. Holbert; Four Seasons Hotels Limited, Tropicana St. Louis, LLC; Case No. 1922-CC00406, Circuit Court, St. Louis, Missouri.
- Expert witness statement in the matter of Samantha Bourne vs. Four Seasons Hotel St. Louis; TEI (STLH), LLC d/b/a Four Seasons Hotel St. Louis. Case No. 1722-CC01201, Circuit Court, St. Louis, Missouri.
- Expert witness statement in the matter of Jane Doe vs. Massage Green Spa, South Jordan; MGS Utah, LLC; Massage Green International Franchise Corporation; and Philip Dean Young; Case No. 190905974, Third District Court, Salt Lake County, Utah.
- Expert witness statement in the matter of Danette Hagman vs. Elijah Enterprises, LLC; Massage Heights – Alden Bridge; Mario Rubio; Patricia Diane Jenkins; Lewis Jack Jenkins, Jr.; Heather Anne Lee; Massage Heights, LP; Massage Heights Franchising, LLC.; MH Alden Bridge LLC; OMG MH Holdings, LLC; and Eric Oliver; Case No. 2018-02795, District Court, Harris County, Texas.
- Expert witness statement in the matter of L.T.; J.K.; J.C.; A.J.; A.A.; and J.M vs Xinjun Wei d/b/a Better Massage; GGP-Newgate Mall Equities, LLC; The Woodmont Company; and Professional Security Consultants, Inc. Case No. 170904110. Second Judicial Court, Weber County, Utah.
- Expert witness statement in the matter of Kathrine Drolett vs. Anthony Brian Robinson and Oneworld Resort Spas, Inc./dba Mandara Spa.; Case NO. 2019 1:20-cv-00213, Western District Court of North Carolina,.
- Expert witness statement in the matter of S. C. K. vs GGMJ, LLC, a Florida Limited Liability Corporation d/b/a MassageLuXe/FaceLuXe; and the New Hampshire Insurance, Company, a foreign insurance company doing business in Florida. Case No. CACE-17- 013617 Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida
- Expert witness statement in the matter of Meghan Townsend v. Beverly Cuthbertson-Steele & Christian LaPointe; Superior Court of Maine York, SS: Dkt No: ALFSC-CV2020-14
- Expert witness statement in the matter of Denise L. Grindle And Groy Grindle vs. Yili Guo; American Casualty Company Of Reading, Pennsylvania; Ocean Spa; Doe, John Or Jane; And XYZ Insurance Company. Case No.: 18CV215, State of Wisconsin, Circuit Court Dane County
- Expert witness statement in the matter of Jane Doe #1 (C.O.), Jane Doe #2 (T.W.), and Jane Doe #3 (C.M.) c/o Laffey, Bucci & Kent 1435 Walnut Street, 7th Floor Philadelphia, PA 19103 vs. Hand and Stone Franchise Corporation, Ruffenach, G. LLC t/a Hand and Stone Phoenixville-Oaks Spa, Catherine Ruffenbach and Gerard Ruffenbach, w/h, Steven M. Waldman, and Steven Waldman Massage. Case No: 04964
- Expert witness statement in the matter of Jane Doe (L.G.) c/o Laffey, Bucci & Kent 1435 Walnut Street, 7th Floor Philadelphia, PA 19103vs. Hand and Stone Franchise Corporation, Ruffenach, G. LLC. Catherine Ruffenach, Gerard Ruffenach, Steven M. Waldman, Steven Waldman Massage. Case No.: 3709
- Expert witness statement in the matter of Doe v. Helix2 Fitness & Spa Inc. et al;, Case no. 471-03909-2021, Judicial District Collin County, Texas.
- Expert witness statement in the matter of Four Seasons Hotel St. Louis, et al vs. Samantha Bourne, Case No. 1722-CC01201, Andria Ackerman, Elissa Morrison, Jamie Mace, Case No. 1722-CC01320 Regina McWilliams, Cabanne S. Howard, all Consolidated with Case No 1722-CC01201 Circuit Court of the City of St. Louis 22nd the Judicial Circuit State of Missouri.
- Expert witness statement in the matter of Jane Doe No. 120 v. GP NY Partners, LLC, D/B/A Massage Envy–Sutton Place And Samuel Adam Michael. Index No. 152515/2018, Supreme Court State of New York County of New York.
- Expert witness statement in the matter of Jane Doe No. 50 v. Pashi and ME Holdings, LLC, and Massage Envy Franchising, LLC, d/b/a Massage Envy, Ahmed Darweesh, and Mary Moes Nos. 1-3. Case No. 1981CV02604, Superior Court of Commonwealth of the Massachusetts, Middlesex County
- Expert witness statement in the matter of John Doe, an individual v. Massage Envy Franchising, LLC, an Arizona corporation; ME-Medford, a Massachusetts corporation; Richard Roe and Mary Moe Nos. 1-3, individuals. CA No. 2081-1472, Superior Court of the Commonwealth of Massachusetts, Middlesex County
- Expert witness statement in the matter of Jane Doe #2 (B.P.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and Marklin Clinic, Inc., a Florida for Profit Corporation d/b/a Massage Envy. Case No.: 50-2021-CA-001376-XXXX-MB, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of Jane Doe #17 (A.E.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and Marklin Clinic, Inc., a Florida for Profit Corporation d/b/a Massage Envy. Case No.: 502021CA001398XXXXMB AK, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of John Doe #26 (D.P.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and Marklin Clinic, Inc., a Florida for Profit Corporation d/b/a Massage Envy. Case No.: 502021CA001481XXXXMB, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of Jane Doe #7 (A.J.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and Southeast Causeway Investments, LLC, a Florida Limited Liability Company d/b/a Massage Envy. Case No. CACE-21-004362, in the Circuit Court of the 7th Judicial Circuit in and for Broward County, Florida
- Expert witness statement in the matter of Jane Doe #8 (B.L.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and Southeast Causeway Investments, LLC, a Florida Limited Liability Company d/b/a Massage Envy. Case No. CACE-21-004028 (Div. 26), in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida
- Expert witness statement in the matter of Jane Does #12 (K.J.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and Blackhorse Services Corp., a Florida for Profit Corporation d/b/a Massage Envy., Case No. CACE-21-4429 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of Jane Doe v. Helix2 Fitness & Spas Inc., D/B/A, Massage Envy Stonebriar, Massage Envy Franchising LLC, and Christopher Hatfield RMT., Case No. 471-03909-2021 in the District Court of the 471st Judicial District in Collin County, Texas
- Expert witness statement in the matter of Jane Doe #2 v. Spa at Fort Sam LLC D/B/A Fort Sam Spa, Horace Trey Wilkins III, individually, and Lederick McDaniel, Case No. 2021CI03408 in the District Court of the 288th Judicial District in Bexar County, Texas
- Expert witness statement in the matter of Jane Doe #1(R.G.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and JK KRN Enterprises, INC., a Florida for Profit Corporation d/b/a Massage Envy, Case No.: 50-2021-CA-001364-XXXX-MB in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of Jane Doe #3 (N.B.) v. Massage Envy Franchising, LLC, a and CB Investment, LLC d/b/a Massage Envy, Case No.: 502021CA001382MB-AK in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of Jane Doe #13 (G.G.) v. Massage Envy Franchising, LLC, a Foreign for Profit Corporation; and JK KRN Enterprises, Inc., a Florida Profit Corporation d/b/a Massage Envy, Case No.: 50-2021-CA-001389-XXXX-MB in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of JANE DOE #1 (K.K.), v. Massage Envy Franchising, LLC, ME SPE Franchising, LLC, Desert Ventures South, LLC, Case No. CVRI2102251, Superior Court of the State of California, Riverside County
- Expert witness statement in the matter of JANE DOE v. ME SPE Franchising, LLC, f/k/a Massage Envy Franchising, LLC, Northern Elements LLC d/b/a Massage Envy Glad Parks: and Hughes Munzey Fataki. Case No. 348-334873-22 In the District Court of Tarrant County, TX
- Expert witness statement in the matter of Liliana Pereda v. Summerlin ME, LLC, a Nevada LLC, DBA Massage Envy; Arian Flores Rivero, Case No A-22-854361-C District Court Clark County, Nevada
- Expert witness statement in the matter of Liliana Pereda v. Summerlin ME, LLC DBA Massage Envy, Case No.: A-22-854361-C Dept. No. 28 in the District Court of Clark County, Nevada
- Expert witness statement in the matter of Jane Doe #10 (S.G.) v. Massage Envy Franchising, LLC, and Spanish River Envy, Case No.: 50-2021-CA-001383-XXXX-MB in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
- Expert witness statement in the matter of Jane Doe #1 (D.H.) v. Massage Envy Franchising, LLC, and Spanish River Envy, Case No.: 502021CA001386XXXXMB AK in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
Book(s)
The Ethics of Touch
A Hands-on Practitioner’s Guide to Creating a Professional, Safe, and Enduring Practice by Ben E. Benjamin PhD & Cherie Sohnen-Moe (2003) 2nd Edition (2014) 3rd Edition (2021)
Articles
Click any title to download / view a PDF of the article
What I’ve Learned as an Expert Witness: Sexual Abuse in the Treatment Room 
Attention Button Article 
Clients Crossing Boundaries 
Keeping Clients Safe Part 1 – How to Avoid Client Injuries 
Keeping Clients Safe Part 2 – How to Avoid Violating Client Boundaries 
Keeping Clients Safe Part 3 – Sexual Assault Prevention Guidelines 
Spa Legal Liability – How to hire well and protect your business July 2020 
Bringing Boundaries to Bodywork 
Discovering Your Boundary Issues 
Dual Roles and Other Ethical Considerations 
Setting Boundaries with Inappropriate Clients 
Sexual Abuse Within the Health Care Field 
Sexuality and Boundary Issues 
Sexual Misconduct An Informational Brochure for Consumers 
The Role and Types of Supervision in Massage Therapy 
Understanding Boundary Violations in the Therapist-Client Relationship Ben’s CV
BEN E. BENJAMIN, PH.D. Sports Medicine Education and Ethics
175 Richdale Avenue #106, Cambridge, MA 02140
• t. 617-576-0555
| EXPERIENCE | |
|---|---|
| Expert Witness in a Massage Context | 2004-present |
| The Benjamin Institute, Principal | 1986–present |
| Private Practice (sports injuries and muscular therapy), Owner/Practitioner | 1963–present |
| Catalyst Communication Partners, Principal | 2007–present |
| Cortiva Education, Senior Vice President of Strategic Development | 2005–2007 |
| Muscular Therapy Institute, Founder/President | 1974–2005 |
| Spectrum Medical Arts, Muscular Therapy Department, Director | 1994–1998 |
| Cambridge Health Associates (multidisciplinary health center), Co-founder | 1984 |
| Healthworks Exercise Center, Founder/Co-director | 1984 |
