By Tracey Kaplan
SAN JOSE -- The woman who
prosecutors contend was raped by an on-duty San Jose police officer has made an
explosive new accusation in a lawsuit, alleging that the cop had sexually
assaulted "at least one other woman" just months earlier.
The lawsuit further alleges
that the department knew or should have known about his conduct but failed to
make sure he was accompanied by a second officer "at all times."
Officer Geoffrey Graves' lawyer
did not respond to a request for comment. The woman's attorney also did not
respond to requests for more information to support the new accusations, which
are described only briefly in the lawsuit.
Earlier this year, Santa Clara
County prosecutors charged Graves with raping an undocumented woman in
September 2013, whom he first encountered during a disturbance call. The
criminal complaint also charges Graves with two counts of felony domestic
violence for allegedly injuring his then-girlfriend in incidents unrelated to
the alleged rape.
But Graves is not charged with
sexually assaulting anyone other than the alleged rape victim.
Assistant District Attorney
Terry Harman, who oversees the office's sexual crimes team, declined to comment
directly Tuesday on the new accusations, saying it is not the office's practice
to discuss civil lawsuits. But Harman did not rule out the possibility of
filing new charges, though she also stood by the existing complaint.
"We charged the
appropriate crimes based on the evidence known to us," Harman said.
Graves is free on $100,000 bail
and has been on paid administrative leave since March.
The lawsuit, filed earlier this
month, names Graves, the department and city. It seeks an unspecified amount of
punitive damages, as well as compensation for loss of earnings, medical costs
and attorney's fees, on the grounds that the officer committed sexual
assault/battery and violated the woman's civil rights, and the department and
city were negligent.
The San Jose City Attorney's
Office had objected to the filing, insisting that the alleged rape victim had
lost her right to sue because she had filed a financial claim against the city,
a mandatory prerequisite to a lawsuit, after the six-month deadline. City
Attorney Rick Doyle declined to comment on the contents of the lawsuit, but
said the office plans to defend the officer and the department.
But the woman's lawyer, Roger
Hecht, argued that his client, who is undocumented and speaks limited English,
was too traumatized after being sexually assaulted to file on time and was
misled by government officials about her legal rights. A Santa Clara County
Superior Court judge then waived the deadline, allowing the suit to proceed.
Graves faces up to eight years
in prison if he is convicted. However, experts say prosecutors could add a gun
enhancement because he was armed at the time of the alleged sexual assault,
potentially extending his maximum sentence to life in prison.
Contact Tracey Kaplan at
408-278-3482. Follow her atTwitter.com/tkaplanreport.
