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SW Valley Times

Tuesday, December 17, 2024

Maricopa County Attorney Rachel Mitchell's handling of child sex abuse case questioned in Kayleigh Kozak’s lawsuit

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Maricopa County Attorney Rachel Mitchell and Kayleigh Kozak. | Wikimedia Commons / Kayleigh Kozak & Janae Shamp; Wikimedia Commons / Rachel Mitchell

Maricopa County Attorney Rachel Mitchell and Kayleigh Kozak. | Wikimedia Commons / Kayleigh Kozak & Janae Shamp; Wikimedia Commons / Rachel Mitchell

Kayleigh Kozak, a victim of child sexual abuse, has filed a lawsuit against Liberty Elementary School District #25, accusing the district of ignoring prior complaints about her abuser, soccer coach Joshua Jacobsen, before the abuse began in 2003.

The lawsuit, filed in Maricopa County Superior Court on Nov. 8, seeks $10 million in damages.

“They knew. Liberty Elementary School knew. They knew about Jacobsen before he sexually abused Kozak,” the lawsuit states.

Kozak is an advocate for child protection and was instrumental in passing Kayleigh’s Law in 2021, which provides lifetime protection for victims of child sex crimes.

Although Maricopa County Attorney Rachel Mitchell is not named as a defendant in the lawsuit, she is included in discovery. Mitchell was the head of the county’s sex crimes division at the time.

Kozak alleges Mitchell mishandled sexual abuse claims involving Jacobsen, failing to provide crucial evidence, including a police report detailing prior allegations against Jacobsen that the school district had dismissed.

Kozak filed the lawsuit after obtaining the police report in mid-2024.

The lawsuit introduction notes the nature of the abuse. 

“Between 2003 to 2005, Liberty Elementary School teacher Joshua Jacobsen groomed, exploited, and sexually abused student Kayleigh Kozak while she was ages 12 and 13,” the lawsuit introduction reads. “And Jacobsen was incarcerated for his crimes against Kozak after an investigation and confrontation call.” 

In January 2024, Kozak disclosed that Liberty Elementary School had been aware of Jacobsen’s behavior before he abused her. The district allegedly ignored complaints from other students and parents and took actions to conceal the abuse after Jacobsen’s arrest.

The lawsuit states, “Kozak brings this action to hold accountable Liberty Elementary School Board District #25 and the feckless bureaucracy that turned a blind eye to Jacobsen while he sexually exploited Kozak and perhaps other children whose safety had been entrusted to Liberty Elementary.”  

Kozak also claims Mitchell downplayed the case’s severity. A police report shows that multiple parents and children had reported Jacobsen’s misconduct, but the school principal did not act on the complaints.

The lawsuit suggests that Mitchell’s and the district’s inaction allowed Jacobsen to continue his predatory behavior, leading to Kozak’s abuse.

Jacobsen, who could have faced up to 25 years in prison, served only nine months and was sentenced to lifetime probation. He was later released from probation without notifying Kozak.

Kozak and Mitchell have had a tense relationship in recent years. Mitchell referred to Kozak as a “grifter” in a post on X (formerly Twitter).

The lawsuit also details how Jacobsen befriended Kozak’s parents to gain unsupervised access to her.

“Jacobsen befriended Kozak’s parents so he could spend time with Kozak unsupervised,” the lawsuit states.

The lawsuit also alleges that Jacobsen would “force kisses” and “grope Kozak while in the equipment room.”

Kozak reported the abuse after leaving the school system, and police arranged a recorded phone call in which she confronted Jacobsen. During the call, Jacobsen admitted to his inappropriate behavior.

“I know, it shouldn’t have happened,” Jacobsen reportedly said.

In an essay for Victorious Living Magazine, Jacobsen also admitted to the abuse.

“My victim was one of my 13-year-old soccer players,” he wrote. “I was 31 years old, and never would I have imagined myself doing such a detestable thing. But I did. When your god is an air-filled orb and your church is a 120-yard chalked-up field of grass—your life is out of control, whether you’re aware of it or not.” 

However, Jacobsen was still released from lifetime probation for the crime. 

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