COLORADO SPRINGS, Colo. (CN) – A probation officer repeatedly sexually assaulted a woman he supervised – until she caught him at it on film and he was charged criminally, the woman claims in Federal Court.
A.B. sued Guy Cruz, the Office of El Paso County Adult Probation and top officials in the state’s Division of Probation Services.
A.B. says she was placed on probation in February 2011, for “various drug charges,” and Cruz was assigned to be her probation officer.
Cruz began “regularly flirting” with her “as early as April 2011,” and by May 2011 he “began constantly bringing up sex and the possibility of having sex, and began contacting her between two and four times per day, which was unusual,” A.B. says in the complaint.
She claims that when another probation officer saw her at a bar after curfew, a violation of her probation, Cruz “did not report the curfew violation to the drug court, but instead, began using this information as leverage over plaintiff, informing her that she now ‘owed him.'”
The complaint states: “On July 15, 2011, when plaintiff’s’ fiancé was out of town, defendant Cruz came to plaintiff’s place of residence for a house check, at which time plaintiff’s children were upstairs.
“During his house check visit to plaintiff’s place of residence on July 15, 2011, defendant Cruz kissed her and requested they go upstairs to her bedroom for sex. However, plaintiff and defendant went downstairs in the residence because her children were upstairs.
“During his house check on July 15, 2011, Defendant Cruz requested and plaintiff performed oral sex on defendant Cruz, and defendant Cruz performed oral sex on plaintiff. Plaintiff was scared and frightened throughout this encounter with defendant Cruz.”
A.B. claims that after “the initial sexual assault,” she told Cruz he could not come to her house anymore.
The complaint continues: “On or about July 18 or 19, 2011, plaintiff went to the El Paso County Probation Office to meet defendant Cruz, at which time he requested additional sexual contact with her. He gave her $47.00 cash for a hotel room, and informed her that he had $50.00 but spent part of it on condoms, and instructed her to use the cash to get a hotel room.
“Plaintiff, continuing to fear the ramifications of refusing to cooperate with defendant Cruz following his continued assertions that she ‘owed him,’ arranged for a room at the Travel Inn (Room 205) in Colorado Springs, checking in under the name of
“At the time plaintiff checked in to the Travel Inn, she was required to leave her driver’s license with the front office since she only had $47.00 cash defendant Cruz had given her.
“Defendant Cruz came to the motel room and spent approximately 1½ hours with plaintiff, and at his request, they engaged in full intercourse two times, and oral sex.”
In August 2011, A.B. says, she “drank and used methamphetamine, which was prohibited by the terms of her probation, because of the sexual assaults of defendant Cruz.”
She claims she confessed to Cruz that she had violated probation, but he did not report it to the Drug Court. She claims: “he threatened plaintiff with going back to Drug Court and reporting her, which would result in a 14-year prison sentence if she did not continue with their sexual relationship.”
A.B. says Cruz coerced her into having sex on two more occasions in August.
She claims: “While having sexual contact with Plaintiff at her residence on or about
August 18, 2011, defendant Cruz used two (2) condoms, and told her that if she made him ejaculate three more times, he would allow her to drink alcohol if she would agree to stay home to do it. Plaintiff subsequently had unprotected sex with defendant Cruz again August 18, 2011, before he left her residence.”
This time, she says, she nailed him: “During the last sexual assault on plaintiff on or about August 18, 2011, at her residence, plaintiff turned on a video camera while defendant Cruz was in the bathroom, and placed it in a hidden area to be able to prove the inappropriate and violative behavior of defendant Cruz.
“On or about August 24, 2011, plaintiff met with Dawn Trembley of the Adult Probation Office, at Alexander Film, at which time a copy of the video was made and taken by Ms. Trembley. The video was subsequently turned over to the Adult Probation Department by Ms. Trembley, and she also interviewed the plaintiff about the sexual assaults by defendant Cruz.”
The complaint adds: “Defendant Cruz has subsequently been charged criminally (El Paso County District Court, 12CR1754) with sexual assault and other related charges [in] association with the allegations set forth herein.”
She seeks damages for deliberate indifference, excessive force, assault and battery, bodily injury, pain and suffering and constitutional violations.
She is represented by Richard Bednarski, with Sherman & Howard.