JOSEPH RANKIN

CRYSTAL FALLS — Two charges already have been dropped against a former Iron River massage therapist accused of criminal sexual conduct while practicing without a license, but a judge Tuesday declined to dismiss one of his three remaining charges.

Going into his jury trial Oct. 2 through 6 in Iron County Trial Court, Joseph E. Rankin still faces criminal sexual conduct-second degree, a 15-year felony; health profession-unauthorized practice, a four-year felony; and assault and battery, a 93-day misdemeanor.

The charges stem from an Aug. 22, 2016, incident in which he reportedly touched a woman inappropriately during a massage at his Full Circle Fitness & Massage business in Iron River.

Rankin, 26, was not a licensed massage therapist when the incident occurred, prosecutors claim, as he permanently gave up his license in March 2016 as part of a settlement on criminal sexual conduct charges from 2015.

Defense attorney Roy Polich argued Tuesday to dismiss the criminal sexual conduct charge, which Iron County Assistant Prosecutor Stephanie Brule added after the case was bound over from district court to circuit court.

The criminal sexual conduct-second degree charge was warranted, Brule countered, since sexual contact reportedly occurred during the commission of a felony — practicing without a license.

Polich maintained the reported sexual contact and the claim Rankin was unlicensed at the time were not sufficiently connected. He pointed to previous testimony from the victim in which she said she wasn’t even aware of Rankin’s license status at the time.

Judge C. Joseph Schwedler sided with Brule, and said it would be for a jury to decide if the sexual contact was sufficiently related to the unauthorized practice charge.

Polich already gained dismissals on criminal sexual conduct-fourth degree and a second, unrelated health profession-unauthorized practice count.

Schwedler previously had determined there was insufficient evidence Rankin used force or coercion, a necessary element for criminal sexual conduct-fourth degree.

Dickinson County Circuit Court Judge Mary Barglind later dropped the unrelated unauthorized practice charge after ruling Schwedler should not have sent it to circuit court. As reasons for her decision, she cited Polich’s claims that Rankin was not “holding himself out” as a massage therapist, Rankin and the reported victim were friends and Rankin was not compensated for the massage.

Nikki Younk can be reached at 906-774-2772, ext. 41, nyounk@ironmountaindailynews.com.