SIOUX FALLS S.D. (KELO) – A former massage therapist, who is accused of inappropriately touching some of his customers, will stand trial.
Thursday a Minnehaha County judge denied Kurt Smit’s request to have the charges of sexual contact without consent dropped after another day of testimony.
There are no rules that govern what a massage therapist can or can’t do, according to this man.
Thor Thonvold, who is a certified massage therapist and a member of the board of massage therapy in South Dakota, testified today on behalf of the prosecution.
“But it should be more of a morality issue, what does the person want, should you be touching it, should you not, we kind of leave that up for everyone to decide, but common sense hasn’t been so great lately,” Thonvold said.
A split Supreme Court finds partially for a hurt worker
Last month, we interviewed two of Kurt Smit’s clients when he worked at Massage Envy. They testified on behalf of the state, talking about how Smit touched their breasts and other parts of their body and made them feel uncomfortable.
Don Jorgensen: But you did tell him to stop at one point.Debbie: I did,Don Jorgensen: When?Debbie: When he was working his hands up my thighs, my inner thigh toward my private area.Don Jorgensen: You said he got too close.Debbie: He got too close.Don Jorgensen: And that made you uncomfortable?Debbie: Very uncomfortable.
Thonvold testified about techniques massage therapists use, including what’s called draping; using sheets to cover private areas.
“Typically with sheet draping like that, that should be a line of do not cross,” Thonvold said.
Both alleged victims told us they never gave Smit consent to touch in those intimate areas.
“He can back himself up if he has documentation that they gave it to him if they signed anything, so it’s a case of ‘he said she said’ and what documentation does he have that proves he could work on those areas,” Thonvold said.
Under cross examination, Smit’s attorney, Clint Sargent, asked Thonvold if his hands ever slipped or grazed an area that he wasn’t supposed to be working on, he replied ‘no’.
The judge says there’s probable cause that Smit acted outside the scope of his practice and denied the defense’s motion to have the charges dismissed.
Smit will have to stand trial twice; once for each alleged victim. The dates for those two trials are Oct 9th and 10th and November 13th and 14th.
