Veteran Los Angeles International Airport Police Officer Robert Mosquera Charged With Sexual Battery, Public Intoxication

LOS ANGELES, CALIFORNIA (August 27, 2023) – An LAX police officer identified as Robert Mosquera has been arrested for sexual battery at Jade Restaurant bar.

Los Angeles County officials are saying that the incident took place around 1:00 a.m. on Sunday. LAX officer Robert Mosquera was sitting at the bar when he allegedly repeatably touched a woman’s arm inappropriately.

The woman told the officer that she did not want to be touched. It was at this point that the defendant is accused of brandishing a firearm before putting it back into his waistband.

Robert Mosquera then left the restaurant. About 10 minutes later, officers received reports of gunshots in the 71000 block of Marina Pacific Drive.

They discovered a man under the influence of alcohol that matched the description of the woman’s assailant. Robert Mosquera was arrested and is facing charges for displaying a firearm in a threatening manner, sexual battery, public intoxication and negligent discharge of a firearm.

The defendant is a veteran of the airport police department. A full investigation remains ongoing at this time.

 

Liability For Sexual Battery Involving Police Officers

Sexual misconduct involving police officers is all too common. Part of the problem is that most of the incidents are never reported. For incidents that are reported, many are never criminally investigated. According to National Public Radio, “On Our Watch’s analysis of sexual misconduct by 103 officers from departments across California found 85 officers engaged in non-consensual or coercive sexual misconduct, and records indicate nearly half of them were never criminally investigated or referred to prosecutors.” There are a number of steps that police departments should take to prevent instances of sexual abuse.

• Police officers should be required to turn on their body cameras when they interact with the public.
• All instances of police sexual misconduct should be thoroughly investigated.
• Police departments should understand the factors that lead to sexual victimization and predation.

It is illegal for any person or police officer to engage in sexual assault or battery. Pursuant to California Penal Code 234.4 (a), “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” Depending on the facts of any case, a police department could be liable for the sexual misconduct of their officers. This is true even if a police officer was technically off-duty when the battery occurred.

If there is a justifiable claim that an off-duty police officer engaged in misconduct while asserting his or her official authority, this could form the basis of a civil claim. For example, an officer may have displayed their badge or brandished a firearm and said that they are a cop. A police department could also be liable for the actions of an intoxicated officer. Consider, for example, Pena v. Deprisco. A federal appeals court found that a police officer’s and supervisors encouragement and “active facilitation” of an off-duty officer’s drunk driving constituted a “state created danger.” There are a number of steps that should be taken after any instance of sexual abuse involving a police officer.

• Eye witnesses should be interviewed.
• Medical records should be preserved.
• Surveillance footage should be sought.
• An experienced civil rights attorney should be contacted.

Sexual abuse is already traumatizing in-and-of itself. Sexual abuse at the hands of a police officer can be much worse due to the authority they exert. Officers are supposed to serve and protect, but in far too many situations they abuse their power to engage in misconduct. These incidents are rarely isolated. Any person that is sexually abused by a police officer may have legal recourse through a civil claim. A civil rights attorney can examine all of the unique facts of your case and let you know what your legal options are.

Getting Legal Help After Sexual Abuse Involving Police Officers

We at the Sehat Law Firm extend our best wishes to the woman harmed by the actions of police officer Robert Mosquera. There needs to be a thorough investigation into what took place. It is our sincere hope that measures are considered to prevent other incidents like this.

Have you or someone that you care about been the victim of Los Angeles police sexual misconduct? You may have legal recourse. Our team of civil rights attorneys are here for you. We focus on helping people who have been harmed by abuses involving law enforcement. Whether you just have legal questions or are thinking about hiring an attorney we are here for you. You can reach out to us anytime at  (949) 825-5200.