The City of Turlock is now facing a Stanislaus County Superior Court case filed by a teenager involved in a sex crime committed by Jorge Cruz, a Turlock Police Officer at the time.
The girl was a Pitman student who participated in the Police Explorer Program in 2007. During the time of participation in the program, Police Officer Jorge Cruz was alleged of felony sex crimes against the girl.
Jorge Cruz is serving a 16 month prison sentence after he was found guilty of three felonies for having sex with a minor. The sentence could have been more but an allegation of rape was not proven.
Brian Davis, the victim’s attorney, has stated that he hopes to mediate the case and avoid a trial. Davis believes it would be better for all involved.
The sex crime victim’s lawsuit is seeking at least $500,000 based on these statements from the filed court papers:
FIRST CAUSE OF ACTION
(SEXUAL ASSAULT AND BATTERY UNDER COLOR OF AUTHORITY)
During several “ride along” activities which the plaintiff participated in while she was a police explorer with the Turlock Police Department, the plaintiff was sexually molested, assaulted and battered by defendant Cruz while he was on duty and in the course and scope of his employment with the City of Turlock. Said actions by defendant Cruz were done without the consen( or authority of the plaintiff.
At all relevant times mentioned herein, defendant Cruz threatened to kill, maim and/or seriously harm the plaintiff if she were to tell others of said wrongful conduct.
As a proximate result of the aforementioned conduct, plaintiff has been injured and harmed and suffered severe emotional distress, anxiety, sleeplessness, depression, loss of self-esteem, fearfulness and similar damages. The plaintiff has sought and received psychological counseling to help with her injuries. The plaintiff is seeking damages within the jurisdictional limit of this court for the aforementioned wrongful conduct.
SECOND CAUSE OF ACTION (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS)
In or about June, 2007, defendant Cruz negligently inflicted emotional distress upon the plaintiff by sexually assaulting, battering and raping the plaintiff under color of authority of his uniform, badge and role as a Turlock Police Department Officer.
As a proximate result of the foregoing wrongful conduct, the plaintiff has suffered suffer emotional distress, anxiety, sleeplessness, depression, fearfulness and related damages -all within the jurisdictional limit of this court.
The City of Turlock’s filed Answers To Complaint papers filed with the court includes 18 points of defense FAILURE TO STATE CAUSE OF ACTION, CONTRIBUTORY NEGLIGENCEIFAULT, CONTRIBUTORY WILLFUL MISCONDUCTIFAULT, CONTRIBUTORY FAULT OF TIDRD PERSONS, UNAVOIDABLE ACCIDENT, WITT v. JACKSON, STATUTE OF LIMITATIONS, GOVERNMENT CODE IMMUNITIES, LACHES, UNCLEAN HANDS, GOVERNMENT CODE IMMUNITIES, GOVERNMENT CODE IMMUNITY, UNTIMELY CLAIM, LACK OF COLOR OF AUTHORITY, OUTSIDE CAUSE AND SCOPE, and CONSENT.
Jorge Cruz filed Answers To Complaint papers as well. The Cruz papers have 13 points of defense and includes: “carelessness, negligence and fault on Plaintiff’s own part proximately caused and contributed to the matters alleged in the Complaint and to the damages complained of…” and that “Defendant alleges that Plaintiff at all times herein mentioned did freely and voluntarily and Answer to Complaint knowingly assume each and every risk, proximately causing or contributing to the incident and damages alleged, if any there actually were.”
The plaintiff and teenage victim to these sex crimes was also involved in another sex crime case at the same time. The Pitman High School student was sexually involved with a Pitman High School teacher, Carl Kubicek. After the girl had already turned 18, Kubicek and the girl were found together just before Kubicek was to serve his jail time and on parole. Kubicek is currently serving a 7 month jail sentence.