A Santa Rosa-based in-home caregiving nonprofit was ordered to pay $6 million in a Sonoma County civil court earlier this week after a jury found they violated their own policies and left a developmentally disabled adult vulnerable to sexual assault that allegedly left him traumatized. 

Attorneys for the developmentally disabled man alleged the organization, Becoming Independent, violated its own policies around nepotism when they hired caregiver Andrew Martinez and put him under the supervision of his own aunt, who worked at the organization. 

As his supervisor, Martinez’ aunt put him in an overnight, in-home care assignment with a vulnerable 53-year-old man who was allegedly victimized multiple times by Martinez, according to the San Jose law firm that represented the victim, Cerri, Boskovich & Allard. 

The man and his attorneys allege he was raped, suffered physical attacks and was made to witness sexual activity, the latter of which was allegedly seen by the victim’s sister on a webcam, prompting her to call the Sonoma County Sheriff’s Office and have Martinez removed from the home, his attorneys said in a statement. 

Becoming Independent is a nonprofit organization that was founded in 1967 and provides support for adults with intellectual and developmental disabilities in the North Bay, including assistance with education, housing, healthcare, food security, and mental and emotional health support, according to its website.  

The organization said in a statement that the verdict was not the outcome it hoped for and said it was considering an appeal. 

“This litigation has been a difficult chapter in Becoming Independent’s nearly 60-year history,” CEO Luana Vaetoe said in an email. “As the first case of its kind faced by our organization, it highlighted the complexities of the civil justice system and how significantly it differs from the criminal process, including the standards and evidentiary rules that govern what information is ultimately presented to a jury,” she said. 

Vaetoe said the jury was not presented evidence that Martinez was never criminally charged and she objected to the characterization that the company was negligent in its hiring practices. 

A statement from Cerri, Boskovich & Allard alleged the company mounted an aggressive defense that sought to deny the accusations and blame the victim’s sister for fabricating the story to get a payout. 

But the jury on Monday found the company failed to adequately vet Martinez’ resume and violated its policies concerning nepotism when it put him under the supervision of his aunt. 

The jury also found that the company’s policies and state law were violated when another caregiver became aware of the suspected abuse but as a mandated reporter did not notify any authorities, which allegedly allowed the abuse to continue. 

Drawings, phrases told story

Attorney Mark Boskovich, who represented the man and his sister, said Becoming Independent used “disgraceful defense tactics that sought to scapegoat a protective sister for her brother’s victimization.” 

Boskovich said the man’s story “underscores a tragic reality: individuals with developmental disabilities face a staggering, disproportionate rate of sexual abuse precisely because perpetrators and negligent corporations believe they cannot articulate the harm done to them.” 

Boskovich said the jury was not dissuaded from believing the man, referred to as Brian Doe, despite the challenges he had in communicating what happened. 

“Brian communicated the horrific truth the only way he could — through his drawings, props, and simple phrases,” Boskovich said. “This jury believed him, protected his dignity, and delivered the justice he deserved.” 

The jury found that 80% of the liability for the abuse fell on Becoming Independent. 

Vaetoe said the organization’s lawyers were reviewing the case and considering next steps. 

“Most importantly, this verdict does not impact Becoming Independent’s ability to continue serving individuals and families throughout our community,” she said. “The organization remains financially and operationally strong, our services continue uninterrupted, and our leadership team and Board of Directors remain fully engaged in advancing our mission.”