Kahului man gets five years’ probation for sexual assault
Plea spared victim from trauma of trial, attorneys say
WAILUKU — Both the prosecution and defense said a man’s plea had spared the victim from the trauma of a trial, as a Kahului man was placed on five years’ probation Thursday for sexually assaulting a woman.
Roel Agbayani, 53, was sentenced after he pleaded no contest to a reduced charge of third-degree sexual assault.
The sexual assault occurred from March 2013 to December 2015, according to an indictment against Agbayani.
The prosecution agreed to dismiss other charges while considering the situation of the victim, who is a relative of Agbayani, said Deputy Prosecutor J.W. Hupp.
He said the woman speaks little English. In addition, “she has several cognitive issues and a speech impediment that makes it very, very difficult, even with a translator, to express herself,” Hupp said.
He said the woman was “very, very reluctant” to testify at a trial.
“She was hoping Mr. Agbayani would take responsibility for sexual assault,” Hupp said. Agbayani “did step up and did admit to the sexual assault charges,” he said.
“The victim has been very traumatized by this entire series of events, and she’s very appreciative Mr. Agbayani stepped up,” Hupp said.
Agbayani has a prior misdemeanor sexual assault conviction from 1999 involving workplace sexual contact, Hupp said. He said some of the recent incidents were alleged to have occurred at the workplace.
Defense attorney Richard Gronna thanked the prosecution for the plea agreement that kept the victim from having to testify.
“He wanted to spare her from that trauma,” Gronna said.
He said Agbayani will have to register as a sex offender. “Even more importantly, at some point he will be confronted by immigration” and face deportation proceedings, Gronna said.
He said Agbayani is the sole provider for his family and has no contact with the victim.
Second Circuit Judge Peter Cahill followed the plea agreement in sentencing Agbayani.
“Contrary to what might be believed in the public, these cases are extremely traumatic to the victims,” Cahill said. “The litigation process is not cathartic, nor is it therapeutic, especially where the victim may have some other difficulties that they have to live with from day to day.
“I understand why sometimes these plea deals are made,” Cahill said. “I understand the reasons behind it. I think it’s the right thing for the victim.”
Agbayani was ordered to participate in sex offender treatment, register as a sex offender and have no contact with the victim.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.