A masseur, who sexually assaulted a female client after he asked her if she would like a "surprise" at the end of a massage session, has been jailed for two-and-a-half years.
Cork Circuit Criminal Court heard the woman had treated herself to a massage at a "reputable" hotel in the city in July 2024 having celebrated a milestone birthday.
Sergeant Brendan McBride said Lenon De Souza Seara, who is 35 years old and from Brazil, asked the woman if she would like a surprise towards the end of the massage.
He told Judge Helen Boyle the 40-year-old woman agreed as she was under the impression the surprise might involve additional oils.
Sergeant McBride said the woman was lying on a table with a towel wrapped around her, she was wearing a pair of disposable underwear and her face was covered with a small towel.
He said said the woman was left completely stunned when the masseur licked her vagina and she then jumped from the massage table in shock and quickly left the hotel.
Mr De Souza Seara, of Granary Court, North Ring Road in Co Cork, who has no previous convictions, pleaded guilty to the sexual assault of the woman at the hotel spa where he was employed on 4 July 2024.
'Flustered and vulnerable'
A victim impact statement was previously read into evidence.
In the statement, the woman said she felt violated by what had taken place in the hotel spa.
She said: "I was flustered and vulnerable. For context I was wearing disposable underpants, had a towel over my face and my body was draped with a towel. So, effectively I was otherwise completely naked.
"When the incident occurred, I immediately sprang up and took the face towel off, basically leaving me even more exposed, shocked and repeating 'no no no'
"I was naked and frazzled."
The woman left the spa in the immediate aftermath of the incident and reported the matter to gardaí the following day.
She said she flip flopped between speaking out about what had occurred and never mentioning it again.
"After all I was physically unharmed. To speak up catapulted me into a process I didn't intentionally sign up for," she said.
"He (the defendant) said it was a misunderstanding. Ok, so it was a misunderstanding. What does that mean to me? Is it somehow my fault? Did I not pick up on something earlier? Was he testing me all along? What was the motivation? How far was he going to go? How many times has he done this before? How did I not gauge it and stop it earlier?" she added.
The woman said she "will never really know the answer to" such questions.
"But they are the ones that keep looping in my head," she added.
The woman said she feels "so naive and stupid", adding "how did I not know how to speak until it was too late? How far would it have gone? I feel like I can't trust my own observations and missed the danger signs".
"That makes me question myself as a person," she said.
The woman added: "I feel bad for what he is going through and wonder how he is supporting himself after his loss of earnings.
"It also makes me mad that I feel responsible for that, I did nothing wrong. I was violated, I spoke up, I have to live with the unanswered questions."
'Egregious breach of trust'
In sentencing, Judge Boyle said she had noted the submissions made by defence barrister Elaine Audley, BL, on behalf of her client.
Ms Audley previously said Mr De Souza Seara took full responsibility for his actions which he said had arisen due to a gross misunderstanding on his part.
Judge Boyle said she accepted that Mr De Souza Seara was exposed to sexualised behaviour from a young age and had suffered the trauma of having a brother murdered when he was a young child.
She also noted that an apology had been made to the woman.
Judge Boyle said the plea in the case had spared the victim the trauma of having to give evidence whilst also saving the State the cost of a trial.
She praised the victim in the case for her "eloquent" victim impact statement, adding that she had undoubtedly felt violated by what had happened to her.
She noted that the woman was kind enough to even consider the fact that the masseur had lost his job arising out of the "egregious breach of trust".
Judge Boyle said the defendant was aware of the harm that he had caused to the woman, who suffered a "violation of her body and privacy".
She said he had accepted that his conduct was not only "unethical but a criminal offence".
She jailed Mr De Souza Seara for three years suspending the last six months of the sentence.
The sentence was backdated to when the accused entered custody on 30 April last.
