CLIENT SUES PAMODZI HOTEL AND MASSUER FOR SEXUAL HARRASMENT AND ILLEGAL SEXUAL MASSAGE

CLIENT SUES PAMODZI HOTEL AND MASSUER FOR SEXUAL HARRASMENT AND ILLEGAL SEXUAL MASSAGE

…I went for a massage for my body’s soft tissues but was sexually harassed, touched, and rubbed on my private parts…

A massage client who sought the service from Pamodzi Hotel has sued the hotel and its Masuese for sexual harassment.

Mwansa Charity Njelesani said she booked for a massage.

But the Maseuse, Kenneth Musonda, instead began to sexually harass her and concentrated on trying to excite her sexually.

She wants the Lusaka High Court to compensate her for the emotional damage and negligence by the hotel. She said she has suffered post trauma and mental stress and humiliation after the event.

Below are the details.

On the 24th of May 2022. the Plaintiff made another appointment with the 2nd Defendants’
Jiva Spa for a deep tissue massage which was scheduled for 13:00 hours.

Resulting from the previous professionalism shown by the Defendant, the Plaintiff requested that the 1st Defendant carried out the deep tissue massage on that day as well.

7.The Plaintiff avers that the massage started well and was professional until the 1st Defendant asked the Plaintiff if he could put pressure “there” whilst performing the massage.

8. Following the question, the Plaintiff responded in the affirmative with an understanding that in a regular massage, no erogenous zones are touched and without realizing that the 1st Defendant was referring to her clitoris.

To the Plaintiffs shock and dismay and without her consent, the Plaintiff noticed that the massage became sexual. The 1st Defendant began to touch her in a sexual way and in areas that are outside the regular massage zones, such as the areas between her thighs and her vagina without her consent.

10. The Plaintiff avers that she immediately went into tonic immobility. While in the state of tonic immobility(Tonic immobility is considered to be a fear-potentiated response induced by physical restraint and characterised by reduced responsiveness to external stimulation).

But the Defendant continued to assault her by touching and rubbing her clitoris and trying to stimulate her thighs and vagina further.

The Plaintiff avers that while in the state of tonic immobility, she tried to wriggle away, but felt trapped in her body and helpless.

The 1st Defendant then continued to assault her by asking her unbefiting questions such as if he could ejaculate in her to which the Plaintif said No.

The Plaintiff avers that at the point of saying no, the 1st Defendant continued to sexually
assault and harass her by trying to lick her nipple to which the Plaintiff finally gained her
mobility, moved her body away, and managed to shove the 1st Defendant off.

The 1st Defendant then began to laugh, and the massage ended.

The Plaintiff further avers that: being a former victim of sexual abuse, she was immediately
retraumatized by the 1st Defendant actions which led to her tonic mobility and her out of body experience.

14. |That following the sexual harassment, and on the same day, the Plaintiff on the 24th of May 2022 informed her husband of the sexual assault and what the 1st Defendant had done to her.

15. The Plaintiff will aver that she further communicated with her therapist over the assault by the 1st Defendant, as she had been undergoing therapy resulting from her childhood sexual abuse and needed further counseling due to the re-trauma arising from the 1st Defendant’s abuse.

16. | On the 25th of May 2022, the Plaintiff made a verbal complaint with the 2nd Defendants Senior Management.

The Plaintiff was then advised by the 2″ Defendant to put the complaint in
On the 26th of May 2022, the Plaintiff made the written complaint as advised, which
writing – On the 2nd defedants General Manager she lodged with the 2nd Defer dants.

17. The 2nd Defendant, upon receipt of the complaint, on the 28th of May 2022, made a writtenrequest for time to investigate the case
18. That after follow-ups with the 2nd Defendant, the 2nd Defendant responded in writing to the Plaintiff on the 16th of June 2022 stating that the 1st Defendant could not be found wanting.

19.| The Plaintiff further avers that the above response was given to her without her being availed with a proper investigation report.

20! Following the response from the 2nd Defendant, Plaintiff requested that she and her husband view the CCTV footage located at the 2nd Defendants premises. To date, the 2nd The defendant has not availed to her to have the plaintiff to have sight of the footage.
21 The Plaintiff will aver that because of the 1st Defendant sexually harassing and indecently assaulting her, the Plaintiff has suffered emotional harm, mental damage, re-trauma, depression, shock, anxiety, post-traumatic stress disorder, and financial loss. The Plaintif further avers that such sexual harassment and indecent assault were done in the course of employment with the 2nd Defendant, which failed to protect the Plaintiff, its client.

22.The Plaintiff has had to undergo counseling and therapy due to the trauma, which has resulted In sleepless nights, luck of concentration, and fear among others.

23. That the 2nd Defendant breached its duty to the Plaintif by failing to ensure the Plaintifs
safety in the conlines of its premises and from its employees. the 1st Defendant.

24. Despite numerous follow-ups and reminders, the 2nd Defendant has wantonly neglected to deal sensitively with the Plaintiffs: complaint or to investigate the Plaintiffs case effectively, deliberately, and proactively, nor has the Plaintiff been notified of safety measures put in place to protect other women from the 1st Defendant,
25. That the 2nd Defendant by reason of negligence has failed to protect its clients, the Plaintiff in particular, from abuse in its facilities, neither has it been able effectively investigate such abuse.

PARTICULARS OF SEXUAL HARASSMENT, MENTAL, AND EMOTIONAL DISTREsS
PROFESSIONAL NEGLIGENCE, AND BREACH OF DUTY BY THE IST DEFENDANT:
26.| Causing distress, humiliation, fear, mental and emotional harm, trauma, and revictimization Causing distress, humiliation, indecently assaulting to the Plaintiff and Sexually harassing the Plaintiff and indecently assaulting the Plaintiff both physically and verbally as follows:

a) Unwanted touching of the Plaintiffs thighs and vagina;
b. Unconsented rubbing of the Plaintiffs clitoris;
c. Trying to lick the Plaintiffs nipples without consent;
d. Causing the Plaintiff to rlive her past sexual harassment leading to tonic mobility and
c. Asking if he could ejacu.ate into the Plaintiff.

27, Failure and neglect by the 1st Defendant to professionally carry out his contractual duties in the performance of his employment and in the performance of the massage to be specified as follows: