A man found guilty of sexually assaulting his niece over the course of two years while baby-sitting her was sentenced yesterday to one year behind bars and five years of probation. Reynaldo Coloma was initially charged with third-degree sexual assault
A man found guilty of sexually assaulting his niece over the course of two years while baby-sitting her was sentenced yesterday to one year behind bars and five years of probation.
Reynaldo Coloma was initially charged with third-degree sexual assault and third-degree harassment, kidnapping and first-degree sex assault.
In a plea deal, Coloma admitted guilt to the lesser charges of two counts of third-degree sexual assault, for which Circuit Judge Kathleen Watanabe sentenced him with credit for time served.
She also ordered him to undergo sex offender treatment.
Coloma’s niece was under 14 years old when he sexually assaulted her, Deputy Prosecuting Attorney Jennifer Winn said.
The abuse happened from 1997 to 1999, when Coloma’s victim would go over to his house after school to be supervised.
A statute relating to sexual assault cases stipulates that victims who were minors at the time of the crime varies on the severity of the act.
With Class C felony sex assault cases — which usually don’t constitute penetration — a victim who was under the age of 18 when the crime occurred has until the age of 21 to prosecute.
In Class A felony sex assault cases — which are usually constituted by actual penetration — a victim who was a minor when the rape occurred has until he or she is 24 years old to press charges.
In Coloma’s case, the plea agreement was determined after prosecutors decided they didn’t want to put the victim under further duress with a trial, Winn said.
Before signing the plea deal, Coloma had filed a motion to be mentally evaluated by three doctors to determine whether he had cognitive and volitional capacity when he committed the crime.
The doctors returned a consensus that Coloma was fit to proceed, however, his request had led the prosecution to believe that he might try to claim he was in a debilitated mental state at the time of the crime, and use it as part of his defense had the case proceeded to trial.
After pleading guilty to the lesser charges, Coloma underwent a psycho-sexual exam prior to sentencing, at the prosecution’s request.
Though the results of that examination were not made public, they were made available to Watanabe for her consideration in sentencing.
• Amanda C. Gregg, assistant editor/staff writer, can be reached at 245-3681 (ext. 252) or agregg@kauaipubco.com.
