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On Sept. 5, an elderly woman came to the Sebastopol Police Department with family members to report that she had been raped at her home in the Luther Burbank senior living complex on Bodega Avenue.

The family members who accompanied the victim, who is 75, said she was legally incapable of giving consent and had trouble recalling details of the incident.

Sebastopol Police determined, via physical evidence, that the victim had in fact had intercourse with an unknown suspect. Physical evidence also suggested that it was not consensual.

From discussions with the victim and others, investigators concluded that it was very likely the victim was not capable of legally giving consent.

Though police gathered potential DNA evidence, the identity of the suspect remained unknown and might have stayed that way, had he not returned to the scene of the crime.

On Sept. 13, neighbors observed a suspicious person loitering outside the woman’s home and called the police. Bystanders were able to convince the subject to remain on the scene until police arrived.

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

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

Through their investigation, police established probable cause that Guzmanvivar had in fact engaged in unlawful sexual intercourse with the victim. He was arrested on a charge of rape and booked into the Sonoma County Jail. His bail is set at $450,000.

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