Former Caregiver in East Wenatchee Acquitted on Sex Abuse Charges

A former caregiver charged with indecent liberties is free after being found not guilty in Douglas County Superior Court.

A jury issued its verdict acquitting 19-year-old Luis Hernandez-Orduna on Thursday after less than three hours of deliberations.

This past January, Hernandez-Orduna was accused of sexually abusing an elderly woman entrusted to his care. At the time of the alleged incident, he was employed by Bonaventure, an assisted living facility in East Wenatchee.

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According to Douglas County prosecutors, Hernandez-Orduna "knowingly caused [victim] to have sexual contact with him." The alleged victim, a 78-year-old dementia patient, was "incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless."

The trial included testimony from Hernandez-Orduna's colleague at Bonaventure. The staffer reportedly walked in on Hernandez-Orduna groping the alleged victim.

Virtually all sexual misconduct is covered under the legal definition of indecent liberties. The definition does, however, preclude sexual intercourse.

Under Washington law, indecent liberties is a Class B felony - unless "forcible compulsion" is involved, in which case the charge is bumped to a Class A felony.

If convicted, Hernandez-Orduna would have faced up to 10 years in prison and/or a $20,000 fine.

"In addition to the above penalties," writes a Seattle law firm, "a defendant guilty of indecent liberties must register in Washington’s Sex Offender Registry."

"Sex offenders that intentionally do not register, or that provide false information when registering, face even more penalties. These can include additional prison time."

Elder abuse can take many forms; the Washington Department of Social and Health Services has a detailed explainer.