Charges against acupuncturist accused of groping women stand

Samy A. Elawady, 63, of Wauwatosa, was charged in March with 9 counts of 4th degree sexual assault, a misdemeanor, for inappropriately touching the breasts of four women during an acupuncture procedure in Waukesha County. Circuit Court Judge Ralph Ramirez refused to dismiss five of those charges.

Defense attorney Paul Bucher, a former Waukesha County district attorney, argued that five counts should be dismissed because the State’s charges did not allege that the touching was for the purpose of sexual gratification.

"Simply touching the breast area" is not sexual assault, Bucher told Judge Ralph Ramirez.
The former Waukesha County district attorney said two elements are required before sexual assault charges can be filed: touching and sexual gratification.

There's nothing in the criminal complaint related to the five charges Bucher sought to dismiss to indicate that the touching was anything but therapeutic, he said.

But Ramirez said statements made by other acupuncturists and by Elawady to investigators show that a "clear inference" can be drawn that the type of touching Elawady is accused of is consistent with sexual gratification.

One acupuncturist who took training classes from Elawady told investigators that Elawady warned students to stay away from the breast and groin area and described those areas as "jail one" and "jail two," the complaint says.

According to a complaint, Elawady indecently touched the women during appointments between September and January.

The assaults occurred at Oriental Wellness Center and Spa in the City of Pewaukee and at the Lake Country Health Center in Delafield, the complaint says.

Elawady, who has denied all charges, has told investigators that it’s unnecessary to remove women’s bras during acupuncture procedures.