When an officer or deputy sexually abused you during a stop, a ride or time in custody

If you are reading this because an officer or deputy sexually abused you, we want to say this first: it was not your fault, and you are not alone. It does not matter whether you were under arrest, whether you had been drinking, or whether you said yes because you were afraid. A police sexual misconduct lawsuit is one way survivors in California hold officers and their agencies responsible, and it can be done while protecting your name and your privacy.

This guide explains what California law says about sexual contact by officers and jail staff, who can be held responsible, how survivors keep their identity private, what has happened in other California cases and the deadlines that apply. You can read it at your own pace. It is general information, not legal advice. If you want to talk, you can ask for a free, confidential review, and you decide what you share and when.

What counts as sexual misconduct by police?

Sexual misconduct by officers takes many forms. Survivors have described:

• Being touched sexually during a pat-down or search that went beyond what a search requires.
• Being assaulted in a patrol car during a ride to jail or a "courtesy" ride home.
• Being told charges would go away, or a ticket would be torn up, in exchange for sex.
• Being watched while showering or undressing, or being pressured for sex in exchange for basic needs, in a jail.
• Repeated calls, texts or visits from an officer who got your information from a stop.

All of this is an abuse of power. An officer has a badge, a weapon and control over whether you go home. That imbalance is why the law treats these cases seriously, even when the officer claims the contact was voluntary.

What California law says

Consent is not a defense when you are in custody

California's custodial sexual misconduct law, Penal Code § 289.6, makes it a crime for a peace officer, or an employee, contractor or volunteer of a detention facility, to engage in sexual activity with an adult who is confined in a detention facility. The statute says consent by the confined person is "not a defense." Lawful searches and real medical exams are excluded. This is a criminal law, but in a civil case it helps show that the conduct was never acceptable.

Civil claims you may have

A survivor's civil case often includes claims such as sexual battery, battery, intentional infliction of emotional distress and the Bane Act under state law, along with a federal civil-rights claim under 42 U.S.C. § 1983 for violation of your constitutional rights. For example, the woman who sued the City of Claremont brought claims for sexual battery, battery and intentional infliction of emotional distress, according to the Claremont Courier.

Officers can lose their certification

Since January 1, 2022, California's SB 2 has allowed the state's Commission on Peace Officer Standards and Training (POST) to decertify officers for "serious misconduct," which includes sexual assault, according to POST's guide to decertification. A decertified officer cannot work as a peace officer in California. Members of the public can report misconduct to POST. A POST complaint is separate from a legal claim for money, and it does not stop any deadline.

Records can become public

Under Penal Code § 832.7, as amended by SB 1421, records of sustained findings that an officer committed sexual assault involving a member of the public are generally open to public records requests. These records can show whether an agency knew about earlier complaints against the same officer.

What has happened in California cases

These are reported cases handled by other firms. We name a survivor only where she sued under her own name.

In the Los Angeles case, the two officers were indicted in 2016 and pleaded not guilty, Courthouse News reported. In the Claremont case, the former officer had not been convicted and faced a felony charge as of June 2025, according to the Claremont Courier. Charges are accusations, not findings of guilt, and the civil cases went forward either way. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.

Sexual abuse in jail by deputies or staff

Abuse inside a jail can feel impossible to report, because the person who hurt you may control your meals, your phone calls or your safety. The 38-woman lawsuit filed in October 2025 over the Los Angeles County women's jail in Lynwood alleges exactly that kind of control, including retaliation against women who spoke up, KFI AM 640 reported. That jail has a history: in February 2018, a deputy was charged with sexually assaulting six women there in 2017, according to WitnessLA. Our guide to Century Regional Detention Facility covers that jail in detail. If you were released, you can still bring a claim for what happened while you were held.

Who can be held responsible?

• The officer or deputy who committed the abuse, personally.
• The city, county or State agency that employed them. Public entities are generally responsible for employees' acts within the scope of employment (Government Code § 815.2), though the agency may argue the abuse fell outside the job, and some immunities apply. That question depends on the facts.
• The agency on a federal claim, if it ignored earlier complaints, failed to supervise, failed to train or allowed a practice such as unrecorded solo transports of women.
• Supervisors and co-workers who knew and did nothing, in some cases.
• Private contractors, such as jail medical or transport companies, if their employees were involved.

Officers sometimes raise qualified immunity as a defense to federal claims. That defense does not apply to state-law claims such as sexual battery or the Bane Act.

Will my name be public? Filing as Jane Doe

Many survivors worry most about privacy. Courts often allow survivors of sexual abuse to file as "Jane Doe" or "John Doe" so their names do not appear in public court records. In the Los Angeles and Claremont cases above, survivors filed as Jane Doe, according to Courthouse News and the Claremont Courier. The agency and the court will know who you are, but your lawyer can ask the court to protect your identity throughout the case.

What you tell us in a consultation is confidential. You do not need to describe every detail in the first call. We go at your pace, and you can bring a support person. Spanish-speaking lawyers and staff are available.

The deadlines are short

If the officer worked for a California city, county or State agency, you must generally present a written government claim to that agency within six months of what happened (Government Code § 911.2) to keep your state-law claims against the agency. California has longer filing periods for some sexual assault claims, but do not assume they protect a claim against a public agency. Get advice before the six-month mark. Our guide to the six-month government claim deadline explains the steps.

Federal civil-rights claims under § 1983 generally must be filed within two years in California and do not require a government claim. If the officer is being prosecuted, the civil deadlines still run. A lawyer can coordinate with the criminal case so you are not interviewed more often than needed.

What you can do now

1. Get medical care if you need it, and tell the provider what happened if you feel able to.
2. Write down what you remember while it is fresh: date, time, place, the officer's name, badge or car number, and anything said.
3. Keep any texts, calls, social media messages or voicemails from the officer. Do not delete them, even if they upset you.
4. Keep your arrest papers, citation, booking records or release paperwork.
5. Write down names of anyone who saw you before or after, including friends you told.
6. Talk to a lawyer before you give a recorded statement to the agency's internal affairs unit or its insurer.

A complaint to the department, the inspector general or POST is not the same as a legal claim, and it does not stop the six-month clock. We send preservation letters for patrol-car video, GPS and dispatch records, jail camera footage and the officer's personnel and complaint history.

How LaCour Trial Lawyers handles these cases

Our partners lead each case personally, and we handle police misconduct and wrongful death in custody cases throughout California on contingency, with no fee unless there is a recovery. Sexual abuse by officers also falls within our sexual abuse practice, so survivors get lawyers experienced in both areas.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.