Stalker Cop Raped Woman on Probation, She Says
(CN) - A sheriff's deputy in Industry, Calif., arrested a woman on felony probation "for the sole purpose of raping and sexually assaulting" her at the sheriff's station, she claims in Federal Court.
The woman, identified only as Anna Doe, sued Damian Marquez in Los Angeles.
She says the Los Angeles County sheriff's deputy had been assigned to work in Industry when he "began to stalk" her in November and December 2013.
Marquez allegedly used his position as a law-enforcement officer "to pull her over, seizing and searching her car and person repeatedly and demanding her phone number."
The woman claims Marquez used the fact that she was on felony probation to coerce and intimidate her. She claims he also told her he was a member of a local Latino street gang, "had committed murders and never gets in trouble."
"Marquez ordered the plaintiff to the City of Industry sheriff's station repeatedly, at which time he would place her under arrest, penetrate her vagina with his hands, coerce her into giving him oral sex, coercively oral copulating her, and raping her in the station," the lawsuit states.
The plaintiff claims the "detentions, arrests, rapes and sexual assaults ... constituted unlawful searches and seizures, excessive force, cruel and unusual punishment against her but also without reasonable suspicion, probable cause, or other legal justification."
She says Marquez has "no viable defenses" for what he did to her.
"Even if Marquez attempts to claim that the rapes were 'consensual,' such a defense will fail automatically by clearly established case law," the plaintiff claims, citing the 9th Circuit's ruling in Wood v. Beauclair.
In that 2012 decision, the court ruled that a prisoner who accuses a guard of sexual abuse "is entitled to a presumption that the conduct was not consensual."
The plaintiff demands actual and punitive damages for excessive force and sexual contact with prisoners in violation of the Eighth Amendment. She is represented by Okorie Okorocha in Studio City.