At that time, Ms. Chen chose the set meal in 300 yuan, and what made Ms. Chen angry was that the male technician who gave her a massage did not admit this fact.
Ms. Chen, who claimed to have been infringed, said in an interview: "I may not have seen this package clearly before. I thought it was a full body massage. Later, he needs to take off his clothes. Since a male technician has been arranged for me, I think it may be a little inconvenient. Then let him, um, I said you just press it normally. I said you don't have to push essential oil. Later, when you press it on your thigh, he may press it from your ass and touch my sensitive parts a little. Then, I think it may be that I think too much, but when I press on your thigh, I think he knows the difference between men and women, but he has touched private parts many times, and I think I may not accept this situation. "
Ms. Chen added, "At that time, there was ... there was friction on the side of his whole hand. It was not that simple."
Then the reporter asked the store: Why do you need to arrange a male technician when you need to take off your clothes?
The store said: "Now it's all heterosexual massage, all under the formal premise, only pulling the back."
The male technician also described the situation at that time. "The aorta is in these two positions (pointing to the root of your thigh), which is far away. This, this acupoint must be far from the private parts. "
The three parties have their own reasons. Ms. Chen feels aggrieved, and the store feels that her practice is completely legal and compliant. So, the angry Ms. Chen chose to call the police. The police won't listen to one family when dealing with this kind of thing. Everything depends on the evidence.
Because Ms. Chen's massage room has no video equipment, and there is no identification and physical evidence present at the same time, finally, due to insufficient evidence, such disputes cannot be filed and can only be resolved by both parties themselves.
As a bystander, you can't be sure who is telling the truth. However, legally speaking, Ms. Chen's case of infringement cannot be filed. Whether the store operation is compliant or not, the relevant departments will review the business qualification and business scope of the store, but whether the store operation is legal or not can not be confused with Ms. Chen's violation. These are two different things.
In this consumption place-the steaming hall, Ms. Chen's person is not restricted. If she feels that she has been violated, she can be asked to stop, get the evidence and defend her rights. However, the private SPA of the steaming hall is a private space, and cameras cannot be installed, which will expose the privacy of customers.
Professional quality needs to be strengthened. Netizen: "I know where the steaming hall is, why do you choose to go to the steaming hall?" "If you think that a male technician will offend, you can choose to switch to a female technician."
Some people think that male technicians and female technicians have different massage strengths and techniques, and they feel different. Massage with male technicians is understandable, but this is not the reason why male technicians can infringe.
Generally speaking, as the boss of steaming, he certainly doesn't want to be complained by customers, so he won't deliberately let technicians do deviant behavior because he wants to make money.
However, we can't slack off on the quality training of technicians, because we can't guarantee that every technician's professional quality is qualified. Once there is a dispute with customers, things will soon spread, and the reputation of the store will be seriously affected, making it difficult to operate from now on.
Without direct evidence, it is impossible to finalize the case. The reason why Ms. Chen finds it difficult to defend her rights is because the steaming room that Ms. Chen chose has no video equipment, and it is not a multi-person space, so there are no witnesses. Even if there were witnesses, Ms. Chen let out a cry and said that she had been violated, but it could not be considered as a fact. This is so unfair to the technicians. You can't determine the facts just because you shout, or you may be uncertain when you touch porcelain.
Lawyers believe that as customers, consumer places like this occasion should first raise their awareness of prevention, determine their own service scope, and then decide whether to consume. If you want to avoid rubbing your private parts during massage, you can choose different massage packages, such as just pressing your shoulders, neck, abdomen and legs. This can greatly avoid being violated. A formal steaming house has business projects and different service packages, and it is selectively consumed as a customer.
In case of infringement, you should first choose a regular massage place. When you feel violated, you must stop it at the first time. From the trial of many cases, it can be seen that if you don't stop yourself when you are infringed, it will be acquiesced to be voluntary. In this case, it is more difficult to defend your rights.
The lawyer also reminded: "Turn on the recording and camera functions of the mobile phone in time for evidence collection."
What physical evidence is needed for safeguarding rights? Documentary evidence, witness testimony, statements of victims or infringers, confessions and excuses of criminal suspects and defendants, expert opinions, records of inquests, inspections, identification and investigation experiments, audio-visual materials and electronic data can all be used as evidence, but Ms. Chen could not provide any evidence in this case.
There have been many cases of disputes in massage places, but there are no disputes in all walks of life. Therefore, as consumers, we should first consume rationally, and then learn more about legal knowledge and safeguard our rights and interests from a legal perspective. I don't mean to read the whole law book, I just need to know some common sense laws in life.
If it is true that the business has violated the law, there will naturally be relevant departments to impose penalties. Only by knowing and abiding by the law can the economy enter a virtuous circle. Even if there is a dispute, you can't be impulsive, it will only escalate the contradiction, and you must use legal weapons to defend your rights.
Finally, steaming is an entertainment and leisure project that many people will choose. How to protect consumers' personal rights and interests? Lawyer's suggestion: merchants can install audio and video recording equipment in the room, but only if customers allow it, which can greatly reduce the occurrence of disputes.