Man who assaulted mute woman during sex gets 30 days in prison

The Superior Court has imposed a 30-day prison term on a man who assaulted a mute woman while having consensual sex with her.

Associate Judge David A. Wiseman sentenced Jesus C. Ngeskebei to one year in prison, all suspended except for 30 days, for the crime of assault and battery.

“Although there was consensual sex in this matter, the physical abuse and the nature thereof of the victim during such act was far outside the consent,” Wiseman said.

The judge ordered the 52-year-old Ngeskebei to start serving the prison term at the Department of Corrections on March 30, 2009 at 8am.

After serving the sentence, the defendant will be placed on supervised probation.

Wiseman required the defendant to pay a $300 fine, $25 court assessment fee, plus a probation fee.

He ordered Ngeskebei to report to the Community Guidance Center for counseling evaluation and to write a letter of apology to the victim.

Wiseman noted that Ngeskebei has had only one criminal case more than 25 years ago and that the court does not consider him a dangerous threat to society.

“However, the court is concerned with the assault found to have been made by defendant on the victim who is a mute person and the victim’ impact statement made by the victim’s brother that alleges a situation that has the potential to become a more dangerous one for the victim,” the judge said.

Wiseman noted Ngeskebei’s acceptance of responsibility for his actions during an apologetic statement to the court and considered that as a factor of mitigation.

At the sentencing, the Adult Probation Office recommended a prison term of 60 days. Assistant Attorney General Rebecca Warfield, on behalf of the government, recommended a one-year term.

Defense attorney Joaquin DLG. Torres requested for probation sentence.

The AGO charged Ngeskebei with assault and battery for hitting the victim in the face on July 27, 2007.

During a bench trial in November 2008, Wiseman found the victim’s testimony credible and declared the defendant guilty of assault and battery.

Wiseman said the victim’s testimony was credible despite inconsistencies due to translation problems. The victim testified using sign language. An interpreter assisted the victim during the trial.

Wiseman said that based on the evidence, there initially was consensual sex between Ngeskebei and the victim.

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