Man accused of sexually assaulting child with special needs appears in court
SALINAS, Calif. (KION) A man accused of making an autistic child orally copulate him in a restroom at a Salinas restaurant appeared in court Thursday.
The suspect, 40-year-old James Torfason, has a strike on his record for an attempted child molestation conviction.
The 9-year-old boy was celebrating his birthday at the restaurant on Dec. 4. He usually did not go to the restroom alone, but investigators said he asked his mother if he could go by himself. His mother agreed because it was a short distance away.
A detective testified that surveillance shows Torfason follow the boy into the restroom. They were in there for about five minutes before the boy's father went to look for him. The boy told his parents he had been sexually assaulted.
Police said Torfason left and went to his vehicle, but the boy's father followed him and called 911. Officers stopped Torfason and arrested him.
He is facing 30 years to life in prison if he is convicted for the three felony charges related to child molestation. His bail is set at $1,500,000.
William V. Pernik is a Salinas defense attorney who has represented many people accused of sex crimes. He tells KION those convicted must register as a sex offender under Section 290 of the pental code.
"There are actually many different restrictions that a person will have to face once they're convicted of a sexual crime," said Pernik.
What restrictions each person faces, however, could differ case by case.
"The restrictions will differ when somebody's on probation or parole because additional restrictions can be imposed," said Pernik.
Those include "Jessica's Law," which can bar a registered sex offender from living within 2,000 feet away from a school or park. Offenders could also be forced to wear electronic devices or barred from using the Internet.
KION has learned based on court documents that Torfason may be suffering from bipolar disorder, which committed him to the California Department of Mental Health at one point.
