Arraignment of Caretaker Accused in Sexual Assault Is Postponed

The Orange County District Attorney's office has not yet decided whether to file charges against 49, of Mission Viejo for allegedly assaulting an 80-year-old Laguna Niguel woman with the intent to commit rape, according to district attorney spokesperson Farrah Emami. 

Emami said that the district attorney's office has sent the case back to the investigating agency for additional work.  

Rabino was arrested May 14 and had previously cared for the woman's husband, who died in February. He was rehired by her family on May 2 to care for the woman, authorities said. There were two separate assaults, according to Jim Amormino of the Orange County Sheriff's Department. 

On one visit to the house, Rabino was giving the woman a therapeutic massage when he digitally penetrated her, Amormino said. On the next visit, Rabino performed oral copulation and tried to have intercourse with the victim, Amormino said.  Although that act didn't meet the legal definition of rape, it did allegedly involve partial penetration, which is called assault with intent to commit rape, Amormino said.

Rabino has been employed by Amada Home Care, but was working freelance for the victim, authorities said.

Rabino is a resident of Mission Viejo, but stays overnight with some of his clients, Amormino said.

Rabino was released after posting $100,000 bail.

Emami does not know how long the additional investigation will take.

Anyone with information on the case, or who may have been a victim, is asked to contact the Sheriff's Department at 866-TIP-OCSD or 866-847-6273.