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Judge: Amending sex crime statute created loophole
Rape charge vs 18-year-old student dismissed
Citing a loophole in the law, Superior Court Associate Judge Joseph N. Camacho dismissed yesterday the first-degree sexual assault charge filed against an 18-year-old student accused of breaking into a neighbor’s house and raping a 16-year-old girl in Chalan Kanoa.
Camacho found no probable cause to believe that the crime of sexual assault in the first degree has been committed. He dismissed the charge without prejudice; that means that the government can re-file the charge in the future.
The judge, however, found probable cause to believe that George Norris Langu Jr. committed the four other charges filed against him: burglary, assault and battery, disturbing the peace, and criminal mischief.
In dismissing the charge of sexual assault in the first degree, Camacho noted that when the Legislature amended the sex crime law, it inadvertently created a loophole.
The judge said the Legislature carved out an exception to allow for what has been referred to as the “Romeo and Juliet” exception—when consenting 16- or 17-year-olds have sex with someone who is 18, 19, or 20 years old.
Camacho said the Legislature inadvertently removed the safeguard when a 16- or 17-year-old does not consent to have sex with someone who is 18, 19, or 20 years old.
“This case is one of several that the court has seen when a 16- or 17-year-old is allegedly raped but the law cannot protect these alleged victims—because there is no law,” he pointed out.
Until the Legislature addresses this loophole, Camacho said, the court must dismiss the charge of sexual assault in the first degree because the alleged victim is 16 years old and the suspect, Langu, is 18 years old.
At yesterday’s hearing, assistant attorney general Barbara Cepeda called police detective Catherine B. Pangelinan to the witness stand.
Assistant public defender Matthew Meyer served as counsel for Langu.
Arraignment will be on Sept. 21 at 9am.
After the hearing, Langu was remanded into the custody of the Department of Corrections.
Two police officers responded last Sept. 1 at 3:57am to a call about a sexual assault incident in Chalan Kanoa District 3.
The alleged victim told police that she was asleep inside her room when she was awakened by a man sexually assaulting her. The girl said she struggled, prompting the suspect, whom she later identified as Langu, to run out of the house.
