OUR LATEST NEWS

Deputy Leobardo Garcia Arrested for Sexual Assault of Orange County Inmate

Orange County Deputy Leobardo Garcia (Full Name: Leobardo Martinez Garcia) Accused of Sexually Assaulting Female Inmate

child sexual abuse

ORANGE COUNTY, CALIFORNIA (November 4, 2025) – An Orange County Sheriff’s Department deputy identified as Leobardo Garcia has been arrested for allegedly sexually assaulting a female inmate.

Orange County officials are saying that the defendant has been booked for felony sexual assault and battery under the color of authority. Deputy Leobardo Garcia was placed on administrative leave as they continued to investigate.

The department began investigating on October 14 after a female inmate told officials at the Orange County Jail that she was sexually assaulted by the defendant. A female inmate was receiving medical care at a local hospital when the assault allegedly took place.

A full investigation into the allegations against Deputy Leobardo Garcia remains ongoing.

Liability for Orange County Inmate Sexual Assault

It is illegal for any correctional officer to intimately touch another person under the color of authority. According to California Penal Code § 243.4, “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.” Sheriff’s departments should take a number of measures to protect inmates and detainees from sexual battery.

  • Robust Hiring: Law enforcement agencies should conduct comprehensive background checks on all peace officers. This should include psychological evaluations.
  • Zero Tolerance: Law enforcement agencies should have a zero tolerance policy for any instance of sexual misconduct or retaliation.
  • Staff Training: Law enforcement agencies should ensure that all correctional officers undergo comprehensive training to detect instances of grooming and boundary violations.
  • Surveillance and Design: Law enforcement officers should be required to wear body cameras. Detention facilities should not have blind spots, where officers are allowed to have isolated contact with inmates.

Officers who commit sexual battery are susceptible to criminal sanctions. The law enforcement agency that they work for can also be held accountable through a civil action. In particular, any person who is sexually abused under the color of law is able to pursue damages through a constitutional claim. Pursuant to 42 U.S. Code § 1983, every person who, under the color of law, deprives someone of their rights afforded under the Constitution, shall be liable to the injured party in an action at law.

Steps to Take After Sexual Assault Involving Correctional Officers

Sexual battery and assault at detention facilities remain incredibly common. According to the Bureau of Justice Statistics, “Correctional officers or supervisory staff perpetrated the majority (64%) of staff-on-inmate incidents, while maintenance or facility support staff (13%) and medical or health care staff (10%) were less likely to be staff perpetrators.” It is important that certain steps are taken after any instance of sexual abuse involving law enforcement. 

  • Police Report: The incident should be reported to the police as early as possible so that they can begin an investigation.
  • Medical Evaluation: Abuse victims should seek a thorough medical evaluation. This medical evaluation can also help preserve key pieces of evidence.
  • Legal Support: Any person sexually abused by law enforcement should consult with an experienced Orange County civil rights attorney.

Sexual abuse involving law enforcement is often highly preventable. It tends to involve instances where sheriff’s deputies are not being adequately supervised. In many instances, a law enforcement agency may know about the concerning behavior of one of their officers and still fail to take action. Victims of sexual battery involving police officers may be able to seek some measure of justice and accountability through a civil claim.

Investigating Orange County Inmate Sexual Abuse 

We at the Carrillo Law Firm were deeply concerned to hear about the allegations against Deputy Leobardo Garcia. There needs to be a thorough investigation into what happened. The Orange County Sheriff’s Department also needs to consider the possibility that there may be additional victims. 

Have you or someone that you care about been sexually abused by law enforcement in Orange County? You may have legal recourse. Our team of sexual abuse attorneys is here to help in any way that we can. We care deeply that victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at 626-799-9375.

Author

MICHAEL S. CARRILLO, Partner

Michael works on high-profile cases that have garnered national media attention. His practice today focuses on child sexual abuse cases, police misconduct cases, catastrophic injuries and other wrongful death matters. He is a passionate advocate for his clients including the countless child sexual abuse victims he currently represents.

Top 100 lawyers 2025 daily journal