Man put on probation after 4 years in jail for sex assault
Elvin Asuncion had pleaded no contest to second-degree sexual assault
Staff Writer
WAILUKU — After spending more than four years in jail, a Kahului man was placed on five years’ probation Thursday for sexually assaulting a woman in what was called an “act of cowardice.”
Elvin Asuncion, 26, had pleaded no contest to seconddegree sexual assault. Another charge of second-degree sexual assault was dismissed.
“You took advantage of someone in the dark, late at night, obviously without any consent at all, thinking and hoping you could get away with something, treating her not as a human being but rather as an item for you to use as you wish,” 2nd Circuit Judge Richard Bissen told Asuncion. “That’s very disturbing.”
According to police, Asuncion was hiding in a closet when the woman went to a Kihei apartment with a friend and they fell asleep. The woman awoke to find Asuncion sexually assaulting her on Dec. 3, 2014.
The next day, when police tried to contact Asuncion, he hadn’t shown up as scheduled for work. Investigators later learned Asuncion had left Maui on Dec. 4, 2014, flying to San Francisco, then to the Philippines.
He was brought back to Maui in March 2016 to face the charges, remaining in jail until he was released on supervision July 13 when he changed his plea in the case.
First Deputy Prosecuting Attorney Robert Rivera said the victim was “physically helpless, completely vulnerable and in no way able to defend herself” when she was sexually assaulted.
“She did absolutely nothing to provoke this sexual assault,” Rivera said.
A plea agreement between the prosecution and defense called for Asuncion to be placed on probation.
Rivera said the victim, who chose not to be in court for the sentencing, didn’t want to see Asuncion incarcerated for a long time.
“She just wanted him to admit and acknowledge and to recognize that what he did to her was completely wrong,” Rivera said.
He said she heard Asuncion express his guilt when they met in a noncontact room at the jail this year.
“The term ‘justice delayed is justice denied’ has had an extremely devastating effect on the victim,” Rivera said. “She’s had to wait for over four years for this day to come.
“There’s no question it had a devastating effect on the defendant who had to sit in jail. The victim continues to suffer from severe depression. She can’t get out of bed on some days and can’t get into bed on some nights.”
In addition to close friends, she has had support from Asuncion’s immediate family, including his mother and sister after they met a couple of months ago, Rivera said.
“Without them, she may not have reached this decision to negotiate and come to this agreement with the defendant,” he said.
Deputy Public Defender Zach Raidmae said Asuncion’s family realized he had hurt the woman.
He said the victim showed “bravery” in going to the jail alone “to face this person that wronged her.”
“Hopefully, she can find a way to heal and to use the tools and support she had to get over this,” he said. “I really hope the best for her and so does Elvin.
“In the end, what we need to focus on is there is justice here.”
Asuncion, who has no prior criminal record, wanted to call the woman and apologize from the beginning, Raidmae said.
“It was truly foolish, immature and impulsive of me to do such a terrible thing,” Asuncion said in court Thursday. “I understand I hurt her physically, emotionally . . . I made a bad decision. I’m truly sorry. “I hope she can forgive me.” He also apologized to his family, who showed up for court hearings through the years and at one time had hired an attorney to represent him.
“I hurt them also,” Asuncion said. “I put them in a position that caused them embarrassment and heartaches, yet they are still here.”
Second Circuit Judge Richard Bissen said the victim’s description of the crime as an “act of cowardice” captured what happened.
“A sign that there has been forgiveness from her is the fact that she signed onto this agreement,” he said.
Bissen said he didn’t know that justice had been delayed or denied because most delays in the case were with the agreement of both sides, leading to
Asuncion serving more jail time.
The judge said he had never before received a letter from a Maui Community Correctional Center employee who was Asuncion’s counselor. The letter described Asuncion as helpful and noted he had served as an unofficial translator in jail, Bissen said.
“When they use the term ‘model prisoner,’ they’re talking about Mr. Asuncion,” Bissen said. “It looked like he made the best of the time he was in there.”
He said he hadn’t heard Asuncion complain about his situation.
“He said he would like the opportunity to redeem himself to his family, to himself, to society,” Bissen said. “He wants to replace the sorrow with happiness. I think Mr. Asuncion gets it.”
Asuncion was sentenced to an 18-month jail term, which he has already served.
He is required to register for life as a sex offender.