Superior Court Associate Judge Joseph N. Camacho acquitted yesterday a 25-year-old man accused of stalking a woman, saying the case is actually about two adults “sneaking around to have sex.”
At a bench trial, Camacho ruled that the government has failed to prove beyond reasonable doubt that Kay Amandus is guilty of stalking in the first degree.
“The stalking law does not prohibit sexual intercourse between two consenting adults, even if a protective parent does not approve that his adult daughter should have sex outside of marriage,” the judge said.
Camacho stated, however, that he does not condone disrespectful behavior and admonished Amandus for failing to pay respect to the woman’s father and his home.
“Kay Amandus and others like him are Casanovas, Don Juans, disrespectful scoundrels and a constant headache for every protective father. In history as well as modern times, young men and women seek to have sexual rendezvous outside of the knowledge of their parents,” the judge said.
Court-appointed counsel Victorino Torres represented Amandus at trial. Assistant attorney general Brian Flaherty prosecuted the case.
In his ruling, Camacho said it appears to the court from testimonies that Amandus was repeatedly attempting to meet up with the 20-year-old woman in 2012 and, when caught, would retreat and then try again.
Camacho said that Amandus would circumvent the father’s protective efforts to shield his daughter by sneaking through the window for a sexual tryst with her.
In this case, Camacho said, the father only knew half the story as he believed the man was sneaking inside his home to commit criminal acts upon his family.
“It’s easy to understand why he would report these incidents to the police. The father is just trying to protect his family,” he said.
What the father did not know, the judge pointed out, is that the daughter welcomed these nightly visits from Amandus.
“The record is clear. The sex was consen[sual]. The two people involved are adults. There is no crime committed here,” Camacho said.