PUBLISHED MAY 20, 2026 · UPDATED MAY 20, 2026
Fresno County Deputy Arrested on Sexual Assault Charges — California Civil Rights for Victims
A Fresno County sheriff’s deputy is facing felony charges after allegedly sexually assaulting a victim while in uniform and on duty. Deputy Sheriff Alejandro Apodaca, 31, was arrested on two counts each of felony sexual battery under California Penal Code §243.4 and felony assault by a public officer. The Fresno Police Department’s Sexual Assault Unit conducted the investigation, and a search warrant was served at Apodaca’s residence where DNA evidence was collected, according to GV Wire reporting.
- Deputy Alejandro Apodaca faces felony sexual battery and assault-by-public-officer charges
- The alleged assault occurred while Apodaca was in uniform and on duty in Fresno
- Victims of law enforcement sexual misconduct can pursue separate civil claims against the deputy and Fresno County
- California Government Code §911.2 requires tort claims be filed within 6 months of the incident
- Compass Law Group represents sexual abuse survivors statewide, including the Central Valley
What the Charges Mean: Criminal vs. Civil Sexual Assault Claims in California
Apodaca’s criminal case — prosecuted by the District Attorney — is separate from any civil sexual abuse lawsuit a victim may bring. The criminal case aims to punish the officer; a civil case aims to compensate the victim and hold the county accountable. Both can proceed simultaneously under California law.
Under California Penal Code §243.4, sexual battery involves unlawful touching of an intimate part of another person without consent. When the perpetrator is a government employee acting under color of authority, additional civil rights violations may apply under 42 U.S.C. §1983, which allows civil claims against government actors who violate constitutional rights.
Suing Fresno County: Government Liability for Law Enforcement Sexual Misconduct
When a sheriff’s deputy commits sexual assault while on duty and in uniform, both the individual officer and Fresno County may be liable in a civil lawsuit. California Government Code §815.2 establishes that a public entity is liable for the injuries caused by its employees acting within the scope of their employment. The fact that Apodaca was on duty, in uniform, and responding to a call creates a strong argument that the county bears responsibility.
Potential claims in a civil case include:
- Sexual battery (Penal Code §243.4) — civil version under Civil Code §1708.5
- Intentional infliction of emotional distress
- False imprisonment — if the victim was detained
- Civil rights violations under 42 U.S.C. §1983 (Fourth and Fourteenth Amendment)
- Government entity liability under California Government Code §815.2
- Negligent hiring, training, and supervision by the Fresno County Sheriff’s Office
Critical Deadline: 6 Months to File a Government Tort Claim in Fresno County
Compensation Available for Fresno Sexual Assault Victims
Survivors of law enforcement sexual misconduct can pursue significant compensation through a civil lawsuit. Recoverable damages include:
- Medical and psychological treatment costs — therapy, counseling, SANE exam costs
- Lost wages and diminished earning capacity
- Pain and suffering — including emotional distress, trauma, PTSD
- Loss of enjoyment of life
- Punitive damages — courts can award enhanced damages when a government employee acts with malice or oppression
- Attorney’s fees in §1983 civil rights cases
Why Compass Law Group — Serving Fresno from Our Sacramento Office
Compass Law Group, LLP has recovered $250 million+ for sexual assault and personal injury survivors across California, including cases involving law enforcement misconduct, institutional abuse, and government liability. Our Sacramento office at 1415 L Street, Suite 1200 serves clients throughout the Central Valley — including Fresno, Madera, Clovis, Visalia, and Tulare County — with the same aggressive legal representation that has earned us recognition among California’s top sexual abuse trial firms.
- $250M+ recovered for California injury and abuse survivors
- No win, no fee — you pay nothing unless we win your case
- Free confidential consultations available 24/7 by phone, video, or in person
- Multi-lingual staff — English, Spanish, Farsi, Korean
- Government claims expertise — we know the mandatory §911.2 filing requirements inside and out
Call our Sacramento office at (916) 827-3262 or contact us online for a free, confidential consultation. All communications are protected by attorney-client privilege from the first call.
Frequently Asked Questions: Fresno County Law Enforcement Sexual Assault Claims
Can I sue a police officer for sexual assault in California?
Yes. If a law enforcement officer sexually assaults you while on duty or acting under color of authority, you can file a civil lawsuit against both the officer and their employing agency (Fresno County) under California law and 42 U.S.C. §1983. A criminal conviction is not required for a civil case to succeed — the civil standard of proof (preponderance of the evidence) is lower than the criminal standard. Compass Law Group represents sexual assault survivors in civil claims against law enforcement throughout California.
How long do I have to file a lawsuit against Fresno County?
Before filing a lawsuit against a California government entity, you must file a Government Tort Claim within 6 months of the incident under Government Code §911.2. After the claim is rejected or 45 days pass, you have 6 more months to file the lawsuit. If you miss the initial 6-month government claim deadline, you may lose your right to sue. Contact an attorney immediately — do not wait for the criminal case to conclude.
Does the criminal case affect my civil lawsuit?
No — you can pursue a civil lawsuit regardless of whether criminal charges result in conviction, acquittal, or are dropped. The criminal and civil cases use different standards of proof and different legal systems. In fact, evidence gathered during the criminal investigation (including the DNA evidence and search warrant results in the Apodaca case) may help support your civil claim. An attorney can advise you on timing your civil case to best use developments in the criminal proceedings.
What if the deputy bonds out or charges are reduced?
A deputy bonding out, charges being reduced, or even a not-guilty verdict does not prevent a victim from pursuing a civil claim. Civil cases have a lower burden of proof (“more likely than not”) compared to criminal cases (“beyond reasonable doubt”). O.J. Simpson’s 1995 criminal acquittal did not prevent the Brown and Goldman families from winning a $33.5 million civil judgment — the same principle applies here. What matters in a civil case is the preponderance of evidence of harm and liability.
Is my identity protected if I file a civil lawsuit?
California courts recognize the sensitive nature of sexual assault cases. Plaintiffs in sexual assault civil lawsuits can often proceed under a pseudonym (e.g., “Jane Doe”) to protect their privacy. California Code of Civil Procedure §1002 also limits the use of confidentiality agreements in sexual assault settlements — while your identity can be protected, factual information about the assault generally cannot be suppressed. Compass Law Group will advise you on all available privacy protections from day one.
Steps to Take After a Law Enforcement Sexual Assault in Fresno
- Seek immediate medical care — A SANE (Sexual Assault Nurse Examiner) exam preserves critical evidence. Fresno’s Community Regional Medical Center has SANE services. Medical records support your civil case.
- Report to a separate law enforcement agency — Because the Fresno Police Department (not the Sheriff’s Office) is handling this case, report to FPD at (559) 621-7000 or the California Department of Justice’s Law Enforcement Misconduct Division.
- Preserve all evidence — Save clothing (do not wash), text messages, call logs, voicemails, photographs of injuries, and any written communications.
- Write a detailed timeline — Document everything you remember while it is fresh. Include dates, times, locations, what was said, and any witnesses.
- Contact a civil attorney immediately — The 6-month government claim deadline begins from the incident date. Call Compass Law Group at (916) 827-3262 for a free, confidential consultation.
Source: GV Wire — Fresno County Deputy Arrested on Sexual Assault Charges After On-Duty Incident (May 14, 2026). This blog post is for informational purposes only and does not constitute legal advice. Compass Law Group, LLP is licensed to practice law in California.
Past results do not guarantee future outcomes. Every case is unique.
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References
- GV Wire: “Fresno County Deputy Arrested on Sexual Assault Charges After On-Duty Incident” (May 14, 2026)
- California Penal Code §243.4 — Sexual Battery
- California Government Code §911.2 — Tort Claim Filing Deadline
About the Author
Joseph Shirazi — Managing Partner, Compass Law Group, LLPJoseph Shirazi is the co-founding Managing Partner of Compass Law Group, LLP and one of California’s most recognized personal injury and sexual abuse attorneys. With offices throughout Los Angeles, Beverly Hills, Sacramento, Oakland, San Francisco, Long Beach, and Bell Gardens, Joseph has helped clients recover more than $250 million in verdicts and settlements. CA Bar #265403.



