I was doing a rib piece. I had to stretch the skin near the breast. I asked permission. She said yes. Two days later, she posted a video saying I “groped” her and touched her inappropriately. The police investigated (and cleared me), but she sued me civilly for sexual battery and emotional distress.
Key Takeaways
- The “Abuse & Molestation” Exclusion: Standard General Liability and Professional Liability policies EXCLUDE any claim arising from actual or alleged sexual misconduct. They will not defend you.
- You Need a Buy-Back: You must specifically purchase “Abuse & Molestation” (A&M) coverage (sometimes called “Sexual Misconduct Liability”). It provides defense funds for alleged acts.
- Chaperones/Cameras: The only defense against “He said/She said” is an objective witness. Cameras in the booth (pointed at the work area, respecting privacy) or a “open booth” policy are critical.
- Innocent Party Defense: If you own the shop and your employee is accused, A&M coverage protects you (the owner) from the lawsuit, even if the employee is guilty (unless you knew about it).
The “Why” (The Trap): “Alleged” Conduct
The exclusion usually reads: “We will not pay for claims arising out of any actual, alleged, or threatened sexual abuse or molestation.”
The word “alleged” is the killer. Even if you are 100% innocent, the accusation triggers the exclusion. The insurer sends a denial letter, and you are left paying $50,000 for a lawyer to prove your innocence.
The Investigation: “I Called Them”
I searched for A&M coverage.
1. PPIB / Specialty
- Option: They offer an A&M endorsement.
- Limits: Usually $100,000 or $250,000 (lower than the main policy).
- Condition: Often requires background checks on all employees.
2. Standard GL
- Option: None. Hard exclusion.
Comparison Table: Protecting Your Reputation
| Strategy | Cost | Effectiveness |
| Standard Insurance | Included | Zero (Excluded) |
| A&M Buy-Back | + 100−100− 300/yr | High (Pays Defense) |
| Pasties/Drapes | $0 | Medium (Risk reduction) |
| Chaperone Policy | Staff Time | High |
Step-by-Step Action Plan
- Buy the Endorsement: Check your policy now. If “Abuse and Molestation” is excluded, call your broker and ask to buy it back. It is the most important coverage for a physical contact profession.
- Clear Communication: “I am going to place my hand here to stretch the skin. Is that okay?” Ask every time you move your hand.
- Use Nipple Pasties: Never expose more than necessary. Use medical tape/drapes to cover sensitive areas. It protects the client and you.
- Background Checks: Run them on every artist. If you hire a known predator, A&M coverage is void because you were negligent in hiring.
FAQ
Q: Can I record video in the booth?
A: Yes, but you must post signs: “Video Surveillance in Progress.” Focus the camera on the table/chair , avoiding changing areas.
Q: What if it was consensual dating?
A: Never date clients. If the relationship sours, they can claim the consent was coerced due to the power dynamic (artist/client).
[IMAGE: A photo of a “Pastie/Drape” setup on a client showing proper coverage of private areas during a rib tattoo.]