WAILUKU - Saying that "no means no," a judge Wednesday sentenced a man to a 10-year prison term for sexually assaulting a Wailuku woman after entering her apartment.
Tosuo Hans, 29, of Kahului was arrested Feb. 15 after he had gone into the woman's apartment without permission, police said.
"Unfortunately, he does consume alcohol and marijuana on an abusive level when he has a choice, which is basically what led to this offense," said Deputy Public Defender William "Pili" McGrath.
But he said there were "no excuses" for the offense.
Hans had pleaded no contest to reduced charges of second-degree sexual assault and kidnapping, as well as first-degree burglary.
Police said the woman had come out of the bathroom after taking a shower when she saw Hans. He pushed the 30-year-old woman into her bedroom, where he sexually assaulted her, police said. When she fought him off and screamed, he fled.
In court, McGrath read a letter from Hans' mother who said "he's a very good person, good father to his two daughters."
"He just always made wrong choices when he's drinking," the letter said. "When he's sober, that's a different story."
Deputy Prosecutor Kristin Coccaro said Hans' drinking didn't seem to be his only problem, and he would benefit from sex offender treatment while in prison.
"He has a very long history of minor crime, mostly to do with alcohol," Coccaro said. "The 10-year prison sentence is appropriate to make sure he stays sober because nothing else seems to have any effect."
She said Hans' crimes seem to be escalating. When he was arrested, Hans was on one year's probation for inappropriately touching a teenage girl and for violating his probation in an abuse case.
The victim in Hans' latest case is a single mother who is working and dealing with health problems, Coccaro said. While wanting to see Hans prosecuted, the woman couldn't write a letter or show up for the sentencing Wednesday, Coccaro said.
"Her way of dealing with it is she doesn't think about it," Coccaro said.
A Chuukese interpreter translated in court for Hans, who told the judge he was in the woman's house because they were drinking together.
"Drinking is not a prelude to having sex with someone," 2nd Circuit Judge Rhonda Loo said. "Not only were you drinking, you also had been smoking marijuana earlier.
"No means no, in any language. There's nothing lost in translation."
Loo noted that Hans stopped and left when the woman started kicking and screaming.
"So you knew the meaning of the word no," Loo told Hans. "You also knew to steal her phone so she couldn't call the police. You absolutely knew you were wrong."
Hans was ordered to pay $179 in restitution.
* Lila Fujimoto can be reached at firstname.lastname@example.org.