UK

Jury retires in case of health spa owner accused of sex assault during unwanted massage

VERDICT: Health spa owner Kerry Brocklebank is accused of sexually assaulting a man during an unwanted massage, a court has heard
VERDICT: Health spa owner Kerry Brocklebank is accused of sexually assaulting a man during an unwanted massage, a court has heard VERDICT: Health spa owner Kerry Brocklebank is accused of sexually assaulting a man during an unwanted massage, a court has heard

A HEALTH spa owner accused of sexually assaulting a man during an unwanted massage later sent him a message that said: "I was only trying to have a laugh with you," a court has heard.

Kerry Brocklebank (43) admits she was "a little bit tipsy" and dressed in a swimming costume when she rubbed the keen runner's lower leg.

But she denies claims she touched his thighs, lower back and shoulders as he waited for a sports massage from therapist Henry Godfree.

Brocklebank, who owned and lived in the Huntingdon Spa and UK Sports Massage, in Cambridgeshire, was asked about a series of messages sent to the alleged victim after the incident on October 11 last year.

Cambridge Crown Court heard one read "I shouldn't mix business with pleasure," another said "please forgive me," while Brocklebank wrote in a third: "I was only trying to have a laugh with you".

Stephen Mather, prosecuting, asked Brocklebank: "It suggests some sort of jokey banter, flirtatious involvement?"

She replied: "No, it was just me trying to smooth things over, to stop things going any further and causing problems for me."

Brocklebank has suggested she interrupted something "inappropriate" between him and Mr Godfree and said she performed a calf massage to "break the ice".

On Friday she raised questions about a broken £450 electric massage bed and hand prints left around the treatment room.

She even claimed to have seen the pair running through a village together on Thursday night.

Explaining the messages, she said: "I was trying to help, cover them for whatever was going on so I wouldn't have to say all of these things about them."

Ms Brocklebank denies sexual assault, an alternative charge of battery, and perverting the course of justice by sending "offensive and threatening electronic communications" to Mr Godfree between October 10 and November 2 last year.

The alleged messages included: "Sorry, did I interrupt your gay time?" and: "Believe me, if this goes to court I will ruin the pair of you".

The prosecutor suggested they were sent to frighten Mr Godfree and the alleged victim into dropping the case.

But Ms Brocklebank said: "I was informing him if he tries to tell lies about me, I will tell the truth... and expose him."

She earlier wept under cross-examination, insisting: "I'm the victim here," adding: "You know the truth, you must do."

In his closing speech to the jury, Mr Mather said the case is quite simple, despite allegations of a conspiracy between the alleged victim and Mr Godfree, who earlier told jurors he was heterosexual.

"This was a sexual assault by a woman on a man. Times have changed. We have to change with them," he told jurors.

"Really, there is no difference whether it was a woman on a man or a man on a woman, so be objective."

Emma Rance, defending, told jurors: "Of course a man can be a victim of sexual assault, but based on all of the evidence you have heard, and taking into account the evidence you have heard, and taking that cool, objective approach, and using your common sense, I invite you to conclude that Ms Brocklebank did not sexually assault or assault (the alleged victim).

"This is not 'bants', this is not banter. This is serious. This is very serious for Ms Brocklebank."

She asked jurors to consider whether the alleged victim was motivated by the prospect of compensation.

Ms Rance suggested he cannot have felt "violated" by being touched on the lower leg by a qualified sports therapist and said the man stayed for his treatment with Mr Godfree following the alleged attack.

"This is not some seedy massage parlour. It is a legitimate business, a successfully run spa with sports massage therapists," she added.

Judge Gareth Hawkesworth later sent the jury of six men and six women out to begin their deliberations.