A physician practicing in Valparaiso has been charged with criminal deviate
conduct and sexual battery after Valparaiso Police said that he forced
himself on a female patient last year in his office.
Jose L. Agusti, 45, with listed addresses in Chicago and at 70 Ogden Road in
Ogden Dunes, was booked into the Porter County Jail on Thursday on one count
of criminal deviate conduct, a Class B felony punishable by a term of six to
20 years; and two counts of sexual battery, a Class D felony punishable by a
term of six months to three years.
According to the probable cause affidavit filed by Det. Brian Thurman, on
Sept. 17, 2012, a woman arrived on station to report that Agusti has just
sexually assaulted her at his office at 60 S. Valparaiso St. The woman
advised that she had been seeing Agusti since May and that there had been no
untoward incidents until July, when Agusti “hugged her while he was crying
and told her his wife was leaving with their kids to go to Boston,” Thurman
stated in his affidavit.
Then, the woman advised, earlier that day, on Sept. 17, Agusti had entered
the room, “hugged her, and touched her buttocks with his hands”; “made her
sit on his lap”; “kissed her on the lips”; “asked her if she had any
boyfriends”; and “pulled up her shirt and pulled out her left breast.”
At that point the woman readjusted her shirt and told Agusti “No,” Thurman
Instead Agusti exposed himself, touched the woman intimately, then pushed
her to her knees and forced her to perform a sexual act, the woman advised.
“Throughout this, (the woman) explained that Dr. Agusti repeatedly asked her
‘You’re not going to say anything, right?’” Thurman stated.
The incident ended when someone knocked on the door, at which Agusti zipped
himself and gave the woman his personal phone number, Thurman stated.
In consultation with the VPD and the Porter County Prosecuting Attorney’s
Office, the woman agreed to be wired for audio/video in advance of her next
appointment with Agusti, on Oct. 15. The footage from that appointment shows
the following, Thurman stated: Agusti enters the room, sits down, “taps his
lap,” and says “Do you want to play with me?”; he then rises and “hugs her
in what appears to be an inappropriate fashion, very tightly and groping her
back with his hands”; at this point kisses are audible; Agusti next “puts
her arms up over his shoulders and tells her ‘Don’t play with dirty boys’”;
finally he tells her to text him when she gets to her car and asks “her if
she was going to talk to anyone about this,” to which she replies “I swear
to St. Peter.”
Bond has been set at $25,000 cash or surety and Agusti was ordered to have
no contact with the woman.