A former housekeeper at Yorktown Rehabilitation and Nursing Center has pleaded guilty to attempted rape after being caught sexually assaulting a resident with severe dementia earlier this year. Javier Barragan, a Yorktown resident, entered the plea in court on Oct. 13 to second-degree attempted rape.
Barragan originally faced second-degree rape, a class D felony, and first-degree endangering the welfare of an incompetent or physically disabled person, a class E felony, when the Westchester County District Attorney's Office announced his arrest in February, according to the Westchester County District Attorney's Office. Under the top charge, he had faced up to seven years in state prison. As part of the plea deal, the district attorney's office says Barragan has been promised two years in state prison followed by three years of post-release supervision, and he will be required to register as a sex offender. An order of protection has also been issued for the victim, and Barragan is scheduled for sentencing on Jan. 19, 2027.
Nursing Assistant Interrupted the Assault
Nursing Assistant Interrupted the Assault Court filings released in February detailed how the assault came to light. At approximately 7 a.m. on Feb. 21, a nursing assistant making final rounds heard moaning sounds coming from behind drawn privacy curtains in an open room. The nursing assistant's intervention halted the assault in progress, discovering Barragan engaging in sexual intercourse with the resident. Authorities have said the resident was incapable of consenting to sexual contact because of her condition, as previous Yorktown news reporting has indicated.
Barragan was charged after the nursing assistant discovered him with the resident, and Yorktown police arrested him soon after.
Jail Time Before the Plea
Jail Time Before the Plea Following his arrest, Barragan surrendered at police headquarters and was remanded to Westchester County Jail after failing to post $100,000 cash or $250,000 bond set by Yorktown Town Justice Gary J. Raniolo. He later pleaded guilty to attempted rape, as reported by Halston Media.
Families of nursing home residents publicly expressed outrage after learning of the arrest back in February, alleging that facility leadership failed to directly inform residents' families about the assault. Family members also expressed concern that the facility had not notified them directly, according to the Yonkers Times.
The Facility
The case centers on Yorktown Rehabilitation and Nursing Center, where Barragan worked as a housekeeper.
Elder rights attorney Lindsay Heckler of the Center for Elder Law and Justice publicly urged nursing facilities in March to strengthen background screening procedures for non-clinical staff following the incident, according to News 12 Hudson Valley. Heckler noted that nursing homes owe a legal duty of protection to all admitted residents regardless of cognitive capacity.
Under New York Penal Law § 130.30, second-degree rape is a class D felony carrying a maximum penalty of seven years in state prison. Barragan has been promised two years in prison followed by three years of post-release supervision, and he remains scheduled for formal sentencing in January.
