San Jose Councilmember Omar Torres allegedly sexually abused and sodomized his cousin when his relative was as young as 13, new police records obtained by San José Spotlight have revealed.
The disturbing new details emerge as Torres faces three felony counts of child sexual assault, according to new court documents released after his stunning arrest on Election Day. The allegations are separate from another ongoing police investigation of Torres for alleged “oral copulation of a minor” and lewd text messages which he exchanged with an alleged extortionist in Chicago.
Torres was arraigned in court Wednesday. Chief Assistant District Attorney Jay Boyarsky said Torres could face a maximum of 24 years in jail if convicted. A bail hearing has been set for Nov. 14. Superior Court Judge Hector Ramon granted a protective order barring Torres from contacting the alleged victim detailed in the police filings.
The victim contacted SJPD on Monday, and documents accuse Torres of sexually abusing the victim between 1990 and 1999. The alleged crimes began when Torres was still a minor and continued when Torres became an adult, according to San Jose Police Chief Paul Joseph.
“The victim stated the suspect orally copulated him and then had the victim try to have anal sex with the suspect,” the documents read. “The victim was unable to have anal sex with the suspect so the suspect sodomized the victim.”
Mayor Matt Mahan is calling for anyone with knowledge of the allegations, whether a resident or City Hall employee, to come forward. He said anyone who comes forward, including city employees, will be protected — and added they can come directly to the mayor’s office or SJPD. This news organization first reported City Hall employees were contacted about allegations against Torres before the ongoing investigation went public. Mahan said the mayor’s office has combed through communications and no one in his office knew about the allegations before they surfaced.
Mahan said as a result of Torres submitting his resignation Tuesday, effective Nov. 27 and leaving a vacant District 3 seat, the San Jose City Council will soon vote to temporarily appoint someone to complete Torres’ term or host a costly special election, with the option of appointing someone before the election. Torres’ term ends in 2026 and the council’s decision could shape its power balance.
“These allegations are every parent’s worst nightmare,” Mahan said at a news conference Wednesday. “Anyone with information related to this case, the initial ongoing investigation or other cases involving harm to children, I implore you to reach out to the San Jose Police Department, whether you are a member of the public or work for the city of San Jose.”
@sanjosespotlight San Jose Mayor Matt Mahan speaks about Omar Torres’ arrest and resignation at a San Jose Police Department press conference on Wednesday. Read more at SanJoseSpotlight.com.
Police Chief Paul Joseph said the department’s internet crimes against children task force worked quickly to aid in issuing an arrest warrant for Torres. He said SJPD takes these allegations seriously.
“In any case involving the exploitation or harm of a minor, we are relentless in pursuing justice and supporting the survivors,” he said. “We also know that additional survivors are always a possibility. We have a responsibility to pursue those possibilities and reassure those who come forward that they will be supported.”
Court documents include transcripts of recorded conversations between Torres and the victim — conversations that police were listening in on.
“I felt violated when you sodomized me, Omar. And that stuck with me,” the victim states during the conversation.
“I know. I’m sorry. I keep saying that. I’m sorry,” Torres responds.
Torres said during the recorded conversation that he himself was raped and sodomized as a youth, prompting him to continue the cycle of abuse.
“It was control… most of the time I was the one that was getting sodomized,” Torres said, according to a transcript of the call. “And so I wanted to, I wanted to sodomize somebody else, unfortunately.”
San Jose police served a search warrant and briefly detained Torres in early October in the ongoing criminal investigation into alleged “oral copulation of a minor.” The embattled District 3 councilmember acknowledged sending lewd text messages about minors through his lawyer, calling them “role-play.”
The scandal kicked off a political firestorm where Torres maintained his innocence while dodging public appearances and refusing to leave office. The saga fueled weeks of City Hall employee unrest and scrutiny over the city charter – and prompted a recall initiative.
Sources told San José Spotlight that Torres was hiding out at his mother’s house at the time of his arrest.
Councilmember Bien Doan, who has been vocal about calling for Torres’ resignation, said the new allegations are shocking. He said Torres acting as a victim and maintaining his innocence for weeks is a slap in the face to survivors of sexual abuse.
“It is appalling that a councilmember could have (allegedly) done this for so many years,” he told San José Spotlight. “I have full confidence in our police department to do the due diligence to make sure that justice is being served.”
Story updated at 5:27 p.m. Original story published Nov. 6 at 11:12 a.m.
Contact Brandon Pho at [email protected] or @brandonphooo on X, formerly known as Twitter. Contact Annalise Freimarck at [email protected] or follow @annalise_ellen on X, formerly known as Twitter.
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