Jail term ordered in sex assault on teenager

WAILUKU – An 18-month jail term was ordered for a Kahului man who was convicted of sexually assaulting a teenage girl while she was sleeping over at a friend’s house last year.

Vincent Farrelly, 20, also was placed on five years’ probation as part of his sentencing Tuesday.

He had pleaded no contest to second- and fourth-degree sexual assault of the 15-year-old girl from May 18 to 19, 2012. In another case, Farrelly had pleaded no contest to first-degree terroristic threatening of a 17-year-old girl who had obtained a court order for protection against him.

Deputy Public Defender Shelly Miyashiro asked for no further jail for Farrelly, who has been incarcerated since Aug. 30.

“This is the longest time he has sat in custody,” she said. “He does want to become a productive member of society.”

Deputy Prosecutor Emlyn Higa said Farrelly sexually assaulted the girl while she was asleep in a bedroom of a Wailuku home. Farrelly, who was a friend of someone else living at the home, went into the bedroom with the pretext of charging his cellphone, Higa said.

Speaking in court Tuesday, the 15-year-old girl’s mother said she was proud of her daughter for coming forward to say what Farrelly did.

“What happened to our daughter is unforgivable,” the mother said. “This is the greatest fear any parent could have for their daughter, to be violated in this manner.”

She said her daughter suffered from nightmares at first, but was strong.

“It’s important to us that he understands the wrong of his ways,” the mother said. “Any amount of time he serves will never be enough for us. But we know the mere fact that our daughter came forward and saved other young girls from being violated gives us peace.”

Higa recommended that Farrelly be sentenced to the 18-month jail term for the sexual assault and a one-year jail term in the threatening case. A report prepared for Farrelly’s sentencing listed 27 factors supporting incarceration and only two factors for withholding incarceration, Higa said.

Farrelly committed the crimes while he was on probation in one case and awaiting sentencing in another, he said.

If he were to receive a lesser jail term, “it would depreciate the seriousness of the offenses he has pleaded to,” Higa said.

The mother of the 17-year-old girl also was in the courtroom gallery Tuesday, he added.

In that case, Farrelly contacted the girl by phone June 10, 2012, and threatened to hurt her, Higa said. The girl had a court order for protection against Farrelly, who has a history of violating the protective order.

Second Circuit Judge Joseph Cardoza followed a plea agreement in sentencing Farrelly to the 18-month jail term in the sexual assault case and the one-year jail term in the threatening case.

Farrelly was ordered to pay $250 in restitution and to have no contact with the two victims. He also was ordered not to consume alcohol or illegal drugs, complete a domestic violence intervention program and provide child support for his dependents.

Farrelly was ordered to register as a sex offender, complete sex offender treatment and have no contact with minors and not to live in the same residence with a minor unless he has written permission from his probation officer.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.