In the criminal complaint, Jane Doe alleges that "[Officer Timothy] Barber told her that he looked it up ‘in the books’ and discovered that there was nothing wrong with him having sex with the 16-year-old."
On July 13, 2022, a judge approved a plea deal between the state of Indiana and Officer Timothy Barber of the South Bend Police Department.
Barber, 39, was accused of sexually assaulting a 16-year-old girl on two occasions in his squad car, forcing her to touch his penis, and masturbating in front of her at work, according to the criminal complaint filed in the case. He was on-duty for each of those alleged instances.
In exchange for his guilty plea to charges of child seduction and official misconduct, prosecutors agreed to drop additional counts of child seduction and misconduct as well as charges of public nudity and public indecency.
Barber arrived in court on Sept. 9, 2022 for his sentencing in the case, with prosecutors recommending he serve a sentence of 66 months: 48 months for the child seduction charge and 18 months for misconduct.
The judge followed those guidelines, but at the end of the hearing declared that he was suspending the misconduct sentence and all but two days of the child seduction sentence. The judge then credited Barber with the two days he spent in jail after his arrest and he went home that day.
Barber also only had to register as sex offender for 10 years under the judge's ruling, and despite being on probation is free to travel with the court's approval, which he has received multiple times in the last few years, according to court records.
The Washington Post recently covered the story of Barber and other officers who have avoided jail time despite their crimes. In the case of Barber, his victim is refusing to rest until she believes justice is served.
And so, just months after watching the man who sexually assaulted her walk away with no jail time, the Jane Doe in this case filed a federal lawsuit against Barber and the city of South Bend.
Doe was working at a Chick-fil-A in the summer of 2021 when she met Barber, who according to the federal lawsuit showed an interest in her. He would frequently visit the high school student at work and by July of that summer "began a systematically and methodical practice of grooming Jane Doe," says the federal lawsuit.
In August 2021, Barber sexually assaulted Doe. That, and other misconduct, is detailed in the lawsuit:
- "Barber, in full police uniform and driving his police vehicle, picked Jane Doe up from Chick-fil-A and drove her to his secluded location. There, Barber sexually assaulted Jane Doe in his police vehicle while wearing his police uniform. Barber was on duty at the time of this sexual assault."
- "Barber pulled through the drive-through line in his police vehicle and, while wearing his police uniform, exposed his genitals, and masturbated in front of Jane Doe."
- "Barber pulled through the drive-through line in his police vehicle and his police uniform. Barber exposed his genitals to Jane Doe and grabbed her hand and placed her hand on his exposed genitals."
- "Barber, wearing his full police uniform, again told Jane Doe that he would drive her home from work. Again, Barber in full police uniform and driving his police vehicle, picked Jane Doe up from Chick-fil-A and drove her to his secluded location. There, Barber sexually assaulted Jane Doe in his police vehicle while wearing his police uniform. Barber was on duty at the time of this sexual assault."
Doe, who said she had dreams of working in law enforcement, says in the federal lawsuit that she felt "intimidated" by Barber and was "compelled to have sexual intercourse with his because he was a cop."
The lawsuit also claims that other members of the police force were there to witness Barber's grooming of Doe, and even began referring to the teenager as his "girlfriend."
In the criminal complaint, Doe further alleges that "Barber told her that he looked it up ‘in the books’ and discovered that there was nothing wrong with him having sex with the 16-year-old."
Doe is requesting a jury trial and asking for "punitive damages in an amount sufficient to punish the defendant's misconduct and deter such violations in the future," according to the lawsuit.
She is also seeking damages for emotional and mental anguish and the violation of her constitutional rights. The lawsuit also asks that Barber cover Doe's court fees and medical and mental health expenses, which she did not receive any compensation for in the criminal case.
Lawyers for Doe, Barber and the city of South Bend did not respond to requests for comment.
