Full Notification

On September 5th, the victim came to the Sebastopol Police Department with family members to report that she had been raped. The family members believed that the victim, a 75 year old female, was legally incapable of giving consent. They communicated this to investigators, as well as the fact that victim had trouble recalling the details of the incident.

Through investigation, Sebastopol Police were able to determine that the victim very likely had intercourse with an unknown suspect. Physical evidence later confirmed this.

Based on the circumstances of the investigation, investigators concluded that it was very likely the victim was not capable of legally giving consent. Additionally, evidence indicated that in this case, she had in fact not given consent.

Despite investigators' efforts, the identity of the suspect remained unknown, and would likely have to wait for potential DNA analysis, which often takes extended periods of time to complete.

On 9-13-19, Sebastopol Police Officers were called to the victim's residence because witnesses had observed a suspicious person loitering there. Bystanders were able to convince the subject to remain on scene and called police.

Upon arrival, investigators immediately recognized the suspect as Tirso Guzmanvivar, age 26, a local transient. Guzmanvivar was well known to police from many prior contacts. Guzmanvivar was a convicted felon.

Upon being interviewed, Guzmanvivar admitted to having intercourse with the victim. At the time of this contact, Guzmanvivar admitted that he was in fact there to visit the victim again, and was in possession of a condom.

Based on the totality of the investigation, police established probable cause that Guzmanvivar had in fact engaged in unlawful sexual intercourse with the victim.

Guzmanvivar was arrested on a charge of 261(a)(1) PC, Rape, and booked the Sonoma County Jail. His bail was set at $450,000.