Judge gives justice to deaf-mute victim

Rosa (not her real name), a deaf-mute, just wanted to be heard in court that a man she knows beat her up in her house. The judge listened and believed in her.

After a two-day bench trial, Superior Court associate judge David A. Wiseman yesterday found Rosa’s testimony credible and declared Jesus C. Ngeskebei guilty of assault and battery.

Wiseman said the victim’s testimony was credible despite inconsistencies due to translation problem. The victim testified using sign language. She was assisted by an interpreter.

The judge determined that, based on the evidence, there initially was consensual sex between Ngeskebei and the victim.

The victim, however, stated that she struggled, but the defendant grabbed her and bit her. Wiseman said the victim was upset and was crying.

The judge said the evidence showed there was no gentle sex, as Ngeskebei described it. Wiseman said the defendant’s claim was difficult to believe because of the bite marks on the victim.

Wiseman set the sentencing for the 52-year-old Ngeskebei on Jan. 14, 2009 at 9am.

The Attorney General’s Office charged Ngeskebei with assault and battery for hitting the victim in the face on July 27, 2007.

In an interview with Saipan Tribune, attorney Joaquin Torres, counsel for the defendant, said they respect the court’s decision.

“We do have 30 days to file an appeal if that’s the decision of my client. But at this point I still need to discuss my client’s intention,” Torres said.

Torres said their position is that it was a consensual sexual intercourse and that the judge agreed with that.

Assistant attorney general Rebecca Warfield said it was a just verdict.

“I think we had tremendous challenges to overcome because the victim in this case did have special needs and it requires a lot of patience and a lot of effort to get her story across to the judge,” Warfield said.

She said the defendant was known to the victim and in the early morning hours in July 2007 he went to her home and he assaulted her, struck her, bit her, and pulled her hair.

Warfield said the defendant was not charged with sexual assault; however, the government’s position is that the defendant used the attack as a means to access the victim sexually.

When the case was initially investigated, the police were trying to communicate with the victim through her brother.

“So that was an opportunity for anyone to hear her voice,” Warfield said.

The victim’s family got the services of an agency, but the victim couldn’t really understand the questions being asked because of the problem with the translator.

“What happened in court with regards to this trial was a patient’s opportunity for the victim to be able to explain in her own voice what happened. Because she was very passionate with the sounds that she made, the way she made signs. And anyone seeing her understood her frustration and her effort in trying to get someone to listen, in trying to get someone to understand,” she said.

The prosecutor said she commends the family for not giving up and having the case prosecuted.