Massage therapist pleads guilty to sexual assault

By John Grant Emeigh Of The Montana Standard - 10/10/2008

Anthony P. Rubino, left, stands in Butte District Court Thursday. Rubino entered an Alford plea to a charge of misdemeanor sexual assault. John Grant Emeigh / The Montana Standard

A former Butte massage therapist accused of sexually assaulting one of his clients entered an Alford plea on Thursday.

Anthony P. Rubino, 58, of Anaconda, entered the plea in Butte District Court to a charge of misdemeanor sexual assault and was given a one-year deferred sentence. Rubino's attorney, Mike Grayson, explained that his client's Alford plea means he doesn't believe he's guilty but won't challenge the charge.

"He has doubts about his guilt, but believes the evidence would be enough to find him guilty," Grayson told District Judge Kurt Krueger.

Rubino was originally charged in January with felony sexual intercourse without consent. During Thursday hearing, Rubino agreed to enter the plea to the lesser charge of sexual assault.

Krueger's sentence allows Rubino to avoid serving jail time as long as he complies with the rules of his probation. The judge also fined Rubino $500, and ordered him to pay $566 in restitution to the victim. Rubino also will be responsible to pay additional restitution to the victim for any counseling she may need.

Rubino was working for the former Natural Touch Health Center on Front Street in Butte the morning of June 14, 2007, when he touched an adult female on her private parts while giving her a massage, according to charging documents. The victim went to the center for treatment for back pain, and Rubino started inappropriately touching her with his fingers before she told him to stop.

As a result of the guilty plea, Krueger ordered Rubino to undergo psycho-sexual therapy. Rubino also was ordered by the court to not practice massage therapy on females until his therapist provides written approval for him to continue the practice.

Deputy County Attorney Samm Cox said during Thursday's hearing that he consulted with the victim on the plea agreement and she accepted the terms.

"Her desire is that nobody go through what she went through," Cox told the judge.

Krueger ordered Rubino to have no contact with the victim.

Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net or by telephone, 496-5511.