A 19-year-old initially accused of two counts of first-degree sexual assault against a 13-year-old pleaded guilty to the lesser charge of third-degree sexual assault, according to court documents filed Thursday. Clifton Leon Cabinatan, 19, who has been incarcerated since Oct.
A 19-year-old initially accused of two counts of first-degree sexual assault against a 13-year-old pleaded guilty to the lesser charge of third-degree sexual assault, according to court documents filed Thursday.
Clifton Leon Cabinatan, 19, who has been incarcerated since Oct. 4 on the two felony charges, was sentenced to one year in jail with credit for time served and five years probation by Fifth Circuit Judge Kathleen Watanabe.
According to police reports, Cabinatan had consensual sexual intercourse with the 13-year-old female on two separate occasions.
The girl’s parents reported the encounter to law enforcement after finding out about it, court documents state.
The police report also states the girl met Cabinatan on MySpace and shortly thereafter started a romantic relationship with him.
According to Cabinatan’s statement, the 13-year-old told him she was 14.
Because of Cabinatan’s age, had she been 14, their intimacy would have been legal. Hawai’i holds a five-year differential for consensual sex if one partner is 14 years old.
Renae Hamilton, executive director for island’s the Young Women’s Christian Association, said statutory rape, especially when the offender is young, is an emotionally challenging issue facing Kaua’i residents.
“You don’t want young people like this to be facing 20 years; that’s tough,” Hamilton said. “To be looking at 16-, 17- or 18-year-olds being sentenced and then have this on their record for rest of their life — that may be something we need to consider. We need to continue to try and find that balance of justice.”
Hamilton said in her experience at the YWCA she has seen a decent amount of young adults — which she defined as 13, 14 and 15 — who are sexually active.
“They really feel emotionally that they can consent and they are a willing to participate. … I think the community needs to be aware and really think about the ramifications of this.”
As part of his sentence, Cabinatan will also have to undergo a psycho sexual evaluation. In addition, he was ordered to pay $150 in crime victim compensation and $150 for probation services fees.
In a separate case sexual assault case heard earlier this week, a 46-year-old accused of first-degree sexual assault against a 5-year-old, a Class A felony punishable by up to 20 years in prison, pleaded guilty to a lesser charge.
Morris Gomes III pleaded guilty to the misdemeanor charge of fourth-degree sexual assault, for which he faces a maximum one-year jail sentence and $2,000 fine on June 25.
