Student accuses officer of sexual battery

Published On: Jan 28 2012 05:37:08 PM CST
Updated On: Jan 28 2012 08:48:58 PM CST

A former student has filed a federal civil rights lawsuit after a police officer who she says sexually attacked her between classes, Local 2 Investigates reports.

CLUTE, Texas -

A former student has filed a federal civil rights lawsuit after a police officer she says sexually attacked her between classes, Local 2 Investigates reported on Saturday.

An 18-year-old at Brazoswood High School in the Brazosport Independent School District says she was a senior when the Clute Police Department officer, who was assigned to protect the school, called her into his office as she walked in the hallway.

The woman writes in her lawsuit that she felt "fearful and intimidated" by the officer, who was wearing his uniform with a gun and a Taser during the encounter.

He asked her to close the door to the office as he started referring to her student file that was open on his desk. He then started asking her about partying and drinking, and whether she had a boyfriend, according to the lawsuit.

The officer then forced two kisses on her mouth and began touching her bare breasts after telling her to lift up her shirt, according to the lawsuit.

Her suit says he commented that she had "nice breasts" and, at that point, he asked whether she wanted him to stop. She answered that she did.

"(She) was in shock and was very scared at this point," according to her lawsuit, which names the officer, as well as the Brazosport ISD and its leadership as defendants.

When she seemed visibly shaken by the ordeal, the officer told her, "Calm down, calm down" and, as the girl tried to leave the room, the lawsuit says he reached up her shirt to touch her breasts one more time.  The lawsuit says he then asked, "How about you give me just one more kiss" as he then forced the second kiss onto the student's mouth.

The officer, Joe Matthew Mosqueda, 27, of Brazoria, was indicted and has since pleaded no contest to a criminal charge of Official Oppression, which means abusing the badge or his authority.

He could not be charged with the more serious crime of sexually assaulting a child since the victim was 18 at the time.

Earlier this month, the Texas Commission on Law Enforcement reported that Mosqueda had forever surrendered his license to be a police officer as part of the criminal case.

The officer declined to answer questions at his home Saturday night. He told a reporter, "I don't know what you're talking about," and closed the door.

The victim's family and their attorney who filed the lawsuit both declined to comment Saturday.

No court dates have yet been scheduled at the U.S. District Court in Galveston, where the lawsuit was filed Friday.

The lawsuit alleges "assault and battery" and "unwarranted touching," while also accusing the school district and police department of negligent hiring and training for the officer who assaulted the student.

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