People v. Hayashi

897 N.E.2d 870, 386 Ill. App. 3d 113, 325 Ill. Dec. 331, 2008 Ill. App. LEXIS 1058
CourtAppellate Court of Illinois
DecidedOctober 30, 2008
Docket1-07-1542
StatusPublished
Cited by2 cases

This text of 897 N.E.2d 870 (People v. Hayashi) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hayashi, 897 N.E.2d 870, 386 Ill. App. 3d 113, 325 Ill. Dec. 331, 2008 Ill. App. LEXIS 1058 (Ill. Ct. App. 2008).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Defendant Bradley Hayashi was charged with one count of battery for fondling the complainant’s breasts and vagina during a full body massage at his chiropractic office. Following a bench trial, he was convicted and sentenced to 10 days in jail and 12 months’ probation, and assessed fines and costs. On appeal, defendant contends the State failed to prove its case beyond a reasonable doubt. Defendant further contends he was entitled to the physician exemption codified at section 12 — 18(b) of the Criminal Code of 1961 (720 ILCS 5/12 — 18(b) (West 2006)) and the State failed to sustain its burden under this exemption. For the reasons that follow, we affirm.

BACKGROUND

On October 16, 2006, Melina Kelley went to the Midwest Chiropractic Office in Hanover Park, a business owned by Hayashi, a licensed chiropractor. Kelley had been a patient of Hayashi’s for approximately two years. During that time, she had two to three appointments each week to treat her scoliosis. Her treatments consisted of chiropractic adjustments, massage therapy and electrical stimulation therapy. Hayashi performed the chiropractic adjustments and other employees usually performed the massage and electrical stimulation therapies.

On the 16th, Kelley had an appointment for a full body massage and also an adjustment and electrical stimulation. She had never had a full body massage at the Midwest Chiropractic Office prior to that date. Her regular massage appointments were for 20-minute therapeutic back massages on the areas that were affected by her scoliosis. The regular massages were usually administered by Valerie Taft, one of Hayashi’s employees.

Kelley testified that she had originally scheduled a full body massage before her wedding in May 2006, because Hayashi told her he did that massage for all of his brides-to-be and he wanted her to have it. However, she ended up going to a spa for some other treatments and the package included a massage, so she cancelled the May appointment with Hayashi and rescheduled for October. She further testified that Hayashi told her he was the only one who did full body massages at his clinic, and that is why she scheduled the appointment with him. Kelley trusted Hayashi and had sent him an invitation to her wedding.

When Kelley arrived for the appointment, she was not immediately taken into the massage room so she testified that she made her next regular appointment while she was waiting. When Hayashi took her back to the massage room, he told her this massage was going to be different from any of the previous massages she had received at the clinic. He then told her to completely disrobe and lie facedown on the table. She asked if she needed to remove her socks as well and he told her she should because he would also be massaging her feet.

Hayashi then left the massage room. There are usually two sheets on the table, one covering the table and one that is used as a top sheet for the patient to get underneath. However, Kelley testified that this time there was only the sheet covering the table and a small hand towel. Kelley undressed and lay facedown on the table, using the small towel to cover her buttocks. She testified that she had never had a full body massage from a doctor before and did not know what to expect.

Hayashi reentered the room without knocking and asked if there was anything she did not want him to do. Kelley said he should do whatever he normally does. Hayashi replied that on women he usually massages the pelvic area. Kelley did not know what he meant by that, so she again said she wanted him to do whatever he normally does.

Hayashi began the massage on her left calf, after first spreading her legs apart. Kelley testified that he spread them apart so far that she could feel her butt cheeks separating. After massaging her left calf, he moved up to the hamstring area. He then moved the towel, exposing her left buttock, and began to massage the buttock. As he did so, his fingers would go into the crease between her buttocks.

Hayashi then began to massage Kelley’s left thigh, and every time he moved his hand up, he would brush her vagina. Kelley began to feel very uncomfortable. She testified that she did not know if she should question him or if maybe he did not mean to do that and she had just gotten in the way. But then she noticed that it would happen every time he massaged her inner thigh. It happened two to three times on her left thigh, and an additional three times when he massaged her right thigh.

During the massage, Hayashi made small talk about Kelley’s family. He also mentioned that he would bring in a bottle of one of his favorite wines when she had her next appointment. Kelley testified that she did not really say much in response because she was feeling nervous and scared. She said she felt very uncomfortable but did not know if this was normal practice for a full body massage by a doctor. She also felt that she should not question what a doctor is doing.

When Hayashi began massaging Kelley’s back, he bumped into her elbow which was bent and protruding slightly over the edge of the table. Kelley testified that it felt like he bumped her elbow with his erect penis, and that although she was lying facedown and could not see him, she could tell the difference between how a leg would feel and how an erect penis would feel.

After the back massage, Hayashi asked Kelley to turn over and held the small towel up so she could turn. She turned over and he placed the towel back on her. Kelley testified that the towel was so small it barely covered her chest and vagina. She said that she kept her eyes closed the entire time because she did not want to see him looking at her while she was naked. Hayashi began massaging her left leg below her knee, then moved up to massage her left thigh. He moved the towel so that her left side was exposed and began massaging her bikini area and then started massaging her labia. This went on for a few minutes.

Kelley said that he would massage her bikini area and then prod her labia and ask if that hurt. She told him that it did not hurt, but testified that she was scared and was becoming increasingly uncomfortable. At the same time, she was too embarrassed to say anything because she thought he would just tell her that is how the massage is supposed to be done. She thought that perhaps some women feel pain there and need to be worked on in that area.

Hayashi then moved to massage her lower stomach, and Kelley was so uncomfortable that she told him she had to go to the bathroom even though she did not. He said she could go to the bathroom and come back, and Kelley decided that she did not want to have to come back in and undress again, so she told him that she would just wait. Hayashi responded that he was only halfway done and Kelley told him that she just did not feel like getting dressed and undressed. He told her that she could wear a gown and she said she was not comfortable walking around in a gown, so he suggested wearing two of them and putting one of them on backwards. Hayashi left the room and returned with two gowns.

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Cite This Page — Counsel Stack

Bluebook (online)
897 N.E.2d 870, 386 Ill. App. 3d 113, 325 Ill. Dec. 331, 2008 Ill. App. LEXIS 1058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hayashi-illappct-2008.