By Jessica Tyner  |  January 27, 2014

Category: Legal News

Alfredo-Ruiz-Russel-Torralba

Police arrest alleged elder abusers after video surveillance catches them sexually abusing a nursing home resident. Image courtesy San Diego 6 News.

Elder abuse is more common than many people think, and can include a variety of illegal actions including physical, emotional, sexual, mental, verbal and financial abuse. Whether the abuser is a family member or a paid professional, this form of abuse is likely severely underreported because the victim has little opportunity to report it.

One alleged abuser, however, was finally caught after he fled the country to Canada to escape punishment.

On Jan. 9, 41-year-old Russel Torralba was arrested in Canada by the Canada Border Services Agency following a tip from the U.S. Marshals Service. Torralba was illegally working at a private home as a nurse, charged with the care of a disabled child. In December 2013, Torralba along with Alfredo Ruiz, 42, were charged with nine criminal counts. Four of these were felonies for elder neglect, and one was a felony for “lewd act by a caregiver on a dependent adult.”

According to media reports, the two men were caught in a 2011 video committing ongoing sexual acts while in the presence of a 98-year-old woman whom they were supposed to be taking care of. In one of the videos, it seems that one of the men places his groin into the woman’s hands. Afterwards, he kisses her while playing with the drawstring of his pants. This is just one of the instances of elder sex abuse caught on camera, and there’s no telling what happened when the cameras weren’t rolling.

Elder abuse can take place in a private home, adult care facility, nursing home or anywhere else. In the case of private home care, it’s even easier to commit neglect and keep the victims ostracized from family, friends and loved ones. In care facilities, where abusers like Torralba work, it’s unfortunately not that difficult to keep any visitors or managers in the dark about the situation. People, including family members, may be wary about pursuing hunches about elder abuse because they don’t want to wrongly accuse a professional.

However, it often takes someone stepping up to the plate and taking a chance in order to stop the situation. Getting caught on tape like Torralba is a rarity, especially since, in professional settings, workers know if, when and where any cameras are. This kind of sloppy “mistake” isn’t the norm, and it’s possible that Torralba has abused countless other adults whom he was supposed to care for.

According to Deputy District Attorney Paul Greenwood, the actions caught on the video clearly show that Torralba took advantage of his charges, causing shame and embarrassment with the inappropriate touching, which is a form of abusing the elderly in itself. Media outlet San Diego 6 got a hold of snippets of a home surveillance tape from November 2012, which kickstarted the firing of both men from their jobs at Kindred and Promise Hospitals. In the videos, the men were caught in “almost daily” sex acts that took place from Feb. 27 to March 11, 2012.

Ariela Deicas, the daughter of the patient, says, “I am relieved to receive news that Mr. Torralba has been apprehended in Canada. Although distressed to know that he was caring for a minor, I’m thankful for the authorities that apprehended this man in order to protect anyone that could possibly be preyed upon.”

Deicas had no idea what was happening, just like many loved ones of victims. Sadly, although this wasn’t the case with Deicas, it’s actually often family members and friends of the family who commit elder abuse, making the situation even more difficult to pinpoint and stop. From elder financial abuse to elder neglect and everything in between, unlike the care of children, care of the elderly isn’t nearly as well managed by government entities, allowing for abuse to happen more regularly. In fact, the percentage of elder abuse dollars in government agencies is at a shocking disparity compared to every other type of abuse program.

What Can You Do?

If you’re like Deicas and the rest of her family, they had suspicions that their now 100-year-old grandmother wasn’t getting the right kind of care. They complained to Torralba’s employers, but the complaints were quickly shut down and the family didn’t push for more. That’s when they took action and reviewed the videos from security cameras themselves. The cameras had been installed years before in the woman’s home, and it’s unclear whether Torralba knew about them or not.

Due to Deicas’ actions, both Torralba and Ruiz are also being charged with not providing adequate care for six other patients at two “board-and-care” facilities located in Mira Mesa from their employment in 2010.

Thankfully, the men have also had their nursing licenses revoked and are potentially facing 11 years in prison. They’re scheduled for a readiness conference in late February. If you suspect elder abuse, speak up and don’t drop the ball even if the process is challenging—you might be a person’s only chance at righting a situation. Call the elder abuse hotline at 1-800-677-1116.

Take Legal Action Today

Elder abuse happens more often than you think. No matter how well you know an elder, or not, take action today because an elder abuse legal claim might be in order. Find out more and obtain a free case evaluation at the Elder Abuse, Nursing Home Neglect Class Action Lawsuit Investigation.

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