Kihei man gets 10 years in prison for sexual assault

WAILUKU — A 10-year prison term was ordered for a man convicted of raping a woman who repeatedly told him to stop when she awoke to find him on top of her.

“You took advantage of a vulnerable, tired, sleeping woman alone in her bedroom,” 2nd Circuit Judge Rhonda Loo said in sentencing David Andreozzi on Wednesday. “You do not have respect for her. You do not have respect for the law. At this point, the court feels it has to protect the public.”

Andreozzi, 38, of Kihei had pleaded no contest to a reduced charge of second-degree sexual assault of the woman on Oct. 25, 2016.

The woman, who was visiting Maui, had been with friends and Andreozzi at a Kihei Kalama Village bar before returning to the apartment where she and her friends were staying.

Everyone who was around the woman and Andreozzi that evening could tell that she didn’t want a sexual relationship with him, said Deputy Prosecutor Andrew Martin.

“She made clear that she wanted nothing to do with him,” Martin said. “She actually said it to him. Even those who simply read her body language know that she wanted nothing to do with him.

“It’s not that he didn’t pick up on those signals either — which is why when he went into her room to rape her, he did it while she was sleeping.”

Speaking in court Wednesday, the 36-year-old victim said she tried to push Andreozzi off her, but he held her down and forced himself on her.

“There was nothing I could do to stop this blatant violation of my body and soul during the time I was at the most vulnerable,” she said.

Since then, she said she has struggled with depression and post-traumatic stress disorder.

“I am healing slowly, but that also has been very difficult,” she said. “Not only is he a rapist, he is also a thief. He stole my sense of security and my joy.”

Andreozzi had asked to be placed on probation, saying he was “truly sorry for any emotional hurt” the woman was suffering.

“I hope I can be forgiven,” he said. “I want to get myself the right treatment I need to live a clean, sober, a normal life.”

Andreozzi, who has spent nearly a year in jail, is required to register as a sex offender, said Deputy Public Defender Ben Lowenthal.

“He will be known wherever he goes and reminded wherever he goes about what he did,” Lowenthal said.

Referring to Andreozzi’s prior convictions in Rhode Island, Lowenthal said Andreozzi “has a track record to show he can comply with probation.”

He was placed on probation for domestic simple assault and battery in 2004 and for domestic felony assault in 2007, Martin said.

“He can obey the rules,” Lowenthal said. “He is very goal oriented, and he is capable of living a law-abiding life.”

Martin said Andreozzi’s letter to the court showed he hadn’t taken responsibility for what he did.

In the letter, Andreozzi said he wanted to “man up” for “what has happened with me under the influence of mind-controlling substances like alcohol and drugs.”

Martin said Andreozzi’s letter also described what happened as “mistakes from uncontrollable use of those substances.”

“He also states he is ‘very sorry for the emotional suffering and for causing possible traumatic consequences for the complaining individual,'” Martin said. “He completely misses the point on everything this case is about.”

Referring to Andreozzi’s description of the woman as “the complaining individual,” Martin said: “She complains of nothing. She speaks the truth. She’s not just an individual. She’s a victim, and he raped her.”

Martin said it was a “red herring” for Andreozzi to blame alcohol and drugs for what he did. “He did these things because he is a sex offender,” Martin said. “He is a rapist.”

Lowenthal said Andreozzi had written the letter to the court before knowing about the woman’s letter. Andreozzi had taken the first step toward getting treatment by acknowledging what he did, Lowenthal said.

Judge Loo noted that Andreozzi was being sentenced on National Walkout Day when students rallied for changes in gun laws following a school shooting in Florida last month.

“Although this is not school violence, today in your case we’re talking about sexual violence,” Loo said to Andreozzi.

“When a victim tells you she’s not your girlfriend, it’s time for you to walk out,” she said. “When she tells you she doesn’t want to be hugged or kissed, it’s time for you to walk out.

“When she tells you she’s not going to sleep with you, it’s time for you to walk out. When she woke up Oct. 25, 2016, with you on top of her, you should have walked out.”

Andreozzi had removed the woman’s pajama bottoms and ignored her when she told him 20 or 30 times to stop, Loo noted.

“She told you time and time again that she wasn’t going to sleep with you; she wasn’t going to have sex with you,” Loo said. “I don’t know why you couldn’t understand that.”

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

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