Lawsuit: Texas Mother Raped by Jailer after being Arrested for Half Gram of Pot
She had .48 grams total.
A Texas woman, who is also a young wife and mother, says she was raped by a jailer in the Harris County jail in Texas.
And now she's suing.
Emma Lopez says it all began on March 1 around 2 p.m. just a few blocks from her home when she was pulled over for speeding.
In body camera footage, seen below, you can hear Lopez being cooperative and police during the stop.
But a few minutes into the stop, the officer questions her about the smell of pot.
"The minute I stopped you, I could smell marijuana on your car, the officer snaps at Lopez.
She even eventually owns up to having marijuana, but explains she uses it for her seizures.
"I have seizures and I don't even smoke very much," she replies.
She even shows him her grinder with about a gram of weed inside.
The officer alleges it's a school zone, and says the amount she's carrying is too much.
The cop arrests Lopez.
It only gets worse from there.
After she was transferred to the Harris County jail that night, a jailer raped her, Lopez says.
"I was moved to a holding cell by myself."
A few hours later, the jailer came into the cell.
After he asked me to get up and put me up against the wall and handcuffed me, he pulled my pants down and pulled his pants down and I froze," she recalled.
"I asked him not to do it. He said, 'If I say anything, he would do it again, and I wouldn't be able to say anything.'"
Lopez told ABC7NY she reported to several female jailers after she was raped.
The jailers told Lopez to sit down and wait to be processed into booking.
"People are incarcerated for serious crimes, and we throw a young woman in jail for .48 grams," Gregory Kulis, one of Lopez's attorney,s in Chicago said.
"She has been seeking psychiatric help. She is traumatized over this incident, and we believe a jury will justly compensate her."
After being released from jail, Lopez was examined and a rape kit was collected before a Harris County Sheriff's investigator was called in to investigate.
"There's surveillance, there's jail calls, there's a number of elements that support Mrs. Lopez in her outcry in what happened to her," Michael Edwards, Lopez's Houston attorney, said.
The Harris County Sheriff's Department Confirmed the investigation.
"The Harris County Sheriff's Office is investigating an allegation that a female jail inmate was sexually assaulted by an employee inside the Harris County Jail in early March," the statement read. "Investigators have interviewed the victim, reviewed video recordings from inside the jail, and are taking all other necessary steps to ensure a thorough investigation is conducted. The investigation is ongoing, and no charges have been filed at this time. The Harris County Sheriff's Office takes these allegations seriously, and we are committed to ensuring the safety and well-being of all inmates entrusted in our care."
Lopez's attorneys also argue she should have never been arrested since the Harris County District Attorney's Office has not been prosecuting people found with small amounts of weed.