| For Immediate Release Case # M-11537 June 6, 2012 |
Susan Kang Schroeder Chief of Staff Office: 714-347-8408 Cell: 714-292-2718 Farrah Emami
|
SERIAL CHILD MOLESTER RE-COMMITTED AS SEXUALLY VIOLENT PREDATOR FOR MOLESTING NINE YOUNG BOYS BETWEEN 1970s AND 1990s
SANTA ANA – A serial child molester will be re-committed to a state mental hospital as a Sexually Violent Predator (SVP) after a unanimous jury found yesterday, June 5, 2012, that the offender is a continued threat to children and the community. The Orange County District Attorney’s Office (OCDA or People) filed a petition to have Rafael Torres, 75, committed as an SVP following over three decades of sexual assaults against nine young boys.
Under the law, potential SVPs are subject to mental health reviews by the Department of Mental Health (DMH) prior to completion of their criminal sentence. If the People are able to prove that the defendant meets SVP criteria, a petition is filed to have the defendant civilly committed. There are three criteria that must be met in order to designate a person as SVP. First, the defendant must have committed at least one sexually violent offense. Second, he/she must be diagnosed with a mental disorder. Finally, it must be found that he/she is likely to re-offend unless he/she is held in custody and treated.
If a unanimous jury finds beyond a reasonable doubt that the defendant meets the SVP criteria, the defendant is committed to a secure mental care facility for treatment until he is safe for release.
Prior to 2008, persons committed as SVPs were entitled to a jury trial every two years and the burden of proof was on the People to show that the offender posed a continued threat to the community. In 2008, the law changed, committing SVPs to an indeterminate term. Once committed, the burden is on the offender to show that he is no longer a danger to society.
SVPs who have been civilly committed following a jury trial are granted an annual evaluation by a DMH psychologist, who will opine whether the patient still meets SVP criteria. The hospital director where the offender is housed will also make a recommendation as to the offender.
After the annual review, if the hospital director or psychologist believes that the offender’s condition has so changed that he no longer meets SVP criteria, the offender is granted a jury trial, where the burden is again on the People to prove beyond a reasonable doubt that the offender meets the SVP criteria.
1970 Criminal Case (Case # C-27343)
In 1970 and 1971, Torres was an assistant Little League Baseball team coach and worked with boys between the ages of 8 and 10. During this time, the offender abused his position of trust and authority and molested four young boys. The sexual assault included fondling, masturbation, oral copulation, and sodomy.
Torres was arrested in September 1971 and charged with 28 sex crimes. In January 1972, he pleaded guilty to one felony count of lewd acts on a child under the age of 14. The court found Torres to be a Mentally Disordered Sex Offender.