In October 2001, Kristy Gonzalez found out what no parent wants to hear — that a trusted friend of the family had molested her

11-year-old daughter.

The man, who lived next door, was convicted of committing lewd or lascivious acts with a child under 14 years, served his time in jail, and lived outside Santa Barbara County while on parole. 

Two months ago, Gonzalez found out something else no parent wants to hear — that the person who molested her daughter was moving back in next door.

“It’s uncomfortable,” said Gonzalez. “Every single day, you’re looking to see if he’s there.”

Her daughter, now 19, has been living at home while attending Hancock College.

Randy Carnahan, the victim’s uncle, said the situation has been an ordeal for his niece. 

“I think it’s terrible. I don’t think my niece should have to put up with that,” he said.

According to Gonzalez, her family had been good friends with Ruben Valenzuela Garcia, who was acting as a grandfather figure to her children. Now that he has moved back, that familiarity and trust has become something else entirely for her daughter, she said.

“She feels uncomfortable, especially if she’s here by herself and she knows he’s around,” Gonzalez said. 

Garcia was convicted in 2002. He was granted parole in 2004, according to Gonzalez.

Contacted for this story, Garcia said the last eight years had been “hell” for him, but he doubted anyone would want to listen to his story.

According to the state sexual offender registry and local law enforcement, Garcia had been complying with the requirements of his parole by living outside the county where the crime occurred.

But at the end of 2009, Garcia’s parole ended, freeing him to move from San Luis Obispo County back into his home with his wife in Lompoc, next door to his victim.

Gonzalez said that as soon as she heard, she filed for an 1,800-yard restraining order. Commissioner Colleen Sterne (recently appointed to the Santa Barbara County Superior Court by Gov. Arnold Schwarzenegger) heard the restraining order request, and granted a 10-yard order instead.

In addition, Garcia was instructed to avoid being in the yard if he sees Gonzalez or her daughter.

Gonzalez said the commissioner and Garcia’s attorney cited several reasons for reducing the radius of the order: eight years had gone by; the girl was now an adult, better able to fend for herself; Garcia, now 72 years old, had served his time and should not be forced to abandon his home.

  “I served my time in jail and I served my time on parole. I made a mistake, and I paid for it. I repaid my debt to society,” Garcia said by phone. 

The reasons have not satisfied Gonzalez, who said she would like to see a law establishing a permanent restraining order to separate molesters and their victims.

“Our laws aren’t protecting our kids,” Gonzalez said. “We live between La Honda and Fillmore here.”

People convicted of specific sex crimes are required by law to register as sex offenders. For most crimes, the offender is required to check in with local law enforcement at least once a year, and every time they move.

According to Lompoc Police Department Investigator Harry Heidt, there are 84 registered sex offenders within the city’s limits.

“They’re all in compliance as of today (including Garcia),” Heidt said.

The 100-percent compliance is a rarity for communities, Heidt said. He also said that in his years of monitoring the sex offender list in Lompoc, there have been few cases of sex offenders committing another offense.

According to Heidt, aside from the yearly checks, and restrictions on working with children, there are few other controls on sex offenders who have completed their sentence.

“As for provisions about where you can live, there are none,” Heidt said.

Even in cases where the sex offender’s victims may actually be living under the same roof as a past victim, law enforcement loses jurisdiction, though such cases may be closely monitored by law enforcement or Child Protective Services, according to Heidt.

In 2006, California enacted Jessica’s Law, which tries to restrict convicted sex offenders from living near schools, parks or any other location where children often gather.

Heidt said the law has “no teeth,” since it does not include specific enforcement powers.

Residents of Cebada Canyon Road, east of Lompoc, mounted an ultimately unsuccessful publicity campaign last year, seeking to stop convicted child molester Kenneth Kasten Rasmuson from moving into a house in their neighborhood, citing Jessica’s Law and the nearby La Purisima Golf Course as possible justification. 

“Once they’re outside of (parole), there’s no way to enforce it,” Heidt said.