Man’s sex-abuse
charge reducedJoseph Domingo was found
guilty of five counts of assaulting
an 8-year-old girl
Charges against a Pearl City man found guilty of sexually assaulting an 8-year-old girl over two years were reduced in the wake of a September state Supreme Court decision.
CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
Joseph Domingo: His words and actions indicate he may re-offend if released, judge says
A jury found Joseph Domingo, 70, guilty in September of five counts, including the first-degree sexual assault of the granddaughter of his former companion, who has since died.
But a state Supreme Court ruling in another case two days after Domingo's conviction in effect led to the reduction of his first-degree sexual assault conviction to third-degree sexual assault, a class C felony punishable by up to five years in prison or probation.
Based on the decision, Circuit Judge Sandra Simms granted a defense motion to reduce the first-degree assault conviction. But Simms said yesterday she could not dismiss the jury's findings, sentencing Domingo to 10 years in prison.
Simms rejected the defense's request for probation and granted the prosecution's request to extend the five-year sentence, calling Domingo's repeated assaults on the girl, who is now 12, "gravely disturbing."
While prosecutors charged Domingo with five counts of sexual assault, the molestation occurred over a two-year period -- more times than the girl could count, said Deputy Prosecutor Myron Takemoto.
Simms noted that instead of taking responsibility, Domingo at trial denied the acts occurred. "You had excuses for every act she testified to in words and descriptions not part of an 8-year-old's vocabulary," she said. "But you explained it all away as though it was just nothing."
Domingo's statements, failure to acknowledge his role in the assaults and his lack of progress in a sex-offender treatment program indicates that he could re-offend if he is released, Simms said.
Robert Furtado, the girl's father, said the court made the right decision in sending Domingo to prison rather than impose probation. But he criticized the high court's recent ruling and said he and his family will support legislation to clarify the current sexual assault statutes.
"No other kid should have to through this," Furtado said.
During a defense presentation to the court, Furtado became angry and yelled at defense attorney Emlyn Higa and was removed from the courtroom.
CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
In District Court yesterday at the sentencing of Joseph Domingo, Robert Furtado, the father of the girl sexually assaulted by Domingo, was escorted out by officers after he stood up and yelled during the defense attorney's statements.
In State v. Mueller, the high court held that the definition of "sexual penetration" required proof of actual penetration for oral sex to be a class A felony, punishable by a mandatory 20 years in prison. Otherwise, oral sex falls under sexual contact, a class C felony, which is similar to touching someone through their clothing.
The ruling reversed a 1990 Supreme Court decision relied on by the prosecution.
Higa said Simms had no discretion in reducing the first-degree sexual assault conviction to a class C felony.
"She was properly following the law prior to Mueller, and once Mueller came out and the Supreme Court overruled its previous opinion, that became the law she had to apply," Higa said.
Prosecutors had alleged sexual contact had occurred but not penetration, Higa said.
At the request of the city prosecutor, lawmakers have introduced a bill this session that would clarify the Legislature's intent that the definition of "sexual penetration" include oral and anal sex, regardless of whether there is actual penetration.
House Bill 2254 has been referred to the House Judiciary Committee but has not been scheduled for a hearing. The deadline for it to be heard is Friday.
