‘No probable cause to charge teen with sexual assault’

Superior Court Associate Judge Joseph N. Camacho stands pat on his earlier ruling that there was no probable cause to charge 19-year-old William Atalig Jr. with sexual assault in the first or second degree for having sex with a then-17-year-old girl on Rota.

In an order yesterday, Camacho said he was swayed by assistant public defender Matthew Meyer’s cross-examination of police detective Therese Kintoki, and found that the alleged sex encounter occurred with consent.

In denying the government’s motion for reconsideration, Camacho said the Office of the Attorney General also failed to show clear error in his previous ruling.

The OAG had charged Atalig with sexual assault in the first degree, sexual assault in the second degree, incest, assault and battery, and disturbing the peace.

Camacho said that Kintoki’s description of the alleged victim’s behavior indicated willing participation, and it was thus found that the alleged victim had indeed consented.

The OAG asked the court to reconsider.

Assistant attorney general Shannon Foley argued that the court erred when it found no probable cause for the charge of sexual assault in the first or second degree.

In denying the motion, Camacho said that during the entire incident, an older relative of the girl was in the living room and her bedroom door was open.

Camacho noted that the alleged victim remained silent, as did Atalig.

The judge also pointed out that the alleged victim’s actual behavior indicated willing participation. For instance, Camacho noted, the alleged victim’s movements telegraphed a desire to participate, as she moved her body in a manner to allow Atalig to remove her clothes.

Based on Kintoki’s testimony, the court found that probable cause did not exist for either sexual assault charge, as the court found that the alleged victim had consented.

Camacho recently dismissed the incest charge filed against Atalig, saying that Atalig is not an uncle under the common English language definition of “uncle.”

He said Atalig and the alleged victim are not sufficiently related for the alleged sexual encounter between them to qualify as incest.

According to the parties, the alleged victim is related to Atalig by blood. Saipan Tribune opted not to disclose the specific relationship to protect the alleged victim.

Although the girl was 17 at the time, Atalig was not charged with sexual abuse of a minor because he and the girl are only a year apart in age.
At the preliminary hearing in December, the court also found no probable cause to charge Atalig with disturbing the peace. The government elected not to pursue the assault and battery charge.