Ex-official gets 5 years for sex abuse

The Superior Court sentenced a former government official to five years imprisonment for sexually abusing an underaged girl on Saipan more than two years ago.

But in an order Monday, Associate Judge Ramona granted the request of 54-year-old John Reyes Castro to hold the execution of the sentence pending his appeal. The judge maintained the pre-trial bail conditions that have been imposed on Castro, including the posting of a $50,000 property bond and requiring him to stay away from the victim.

A jury has convicted Castro of sexual abuse of a minor in the first degree and sexual assault in the first degree last March 11. The bench also convicted Castro of assault and battery and disturbing the peace.

Manglona sentenced Castro to five years in prison, giving the defendant credit for the 20 days he had already served. The judge said the sentences on both counts, which would be served concurrently, were imposed without the possibility of parole.

The law provides a mandatory minimum penalty of eight years imprisonment for sexual offenses. The offenses carry a maximum penalty of 30 years imprisonment, which the judge found to be inappropriate for this case. The judge said a long sentence would be tantamount to life imprisonment, considering the defendant’s age.

“The 30-year sentence should be reserved for those people who have committed these repulsive crimes in the most cruelest and inhumane manner, such as with physical force resulting in injury; or for those repeat offenders that have committed these same or other similar crimes before,” Manglona said.

The judge noted that, while Castro has no prior conviction, he had been charged criminally in the CNMI and Guam courts. But she also said the defendant makes a good candidate for rehabilitation.

“At the same time, this court concludes that imposing a prison sentence that is completely suspended is too lenient and would send out a terrible message,” the judge said.

“The child’s reaction to this one-time incident is telling of the seriousness and the impact of the defendant’s conduct. One aspect of the child’s innocence is forever lost; she started exhibiting excessive sexual behavior. She has expressed fear of not only the defendant, but also of other adults,” she added.

The judge said Castro would be on supervised probation for a total of 10 years—five years each for the two sexual offenses. She required Castro to register with the Department of Correction or the CNMI Office of Adult Probation as a sex offender, and directed the defendant to have no contact with the victim without the presence of an adult.

Manglona also imposed a $2,000 fine on Castro and ordered the defendant to pay for past and future psychological treatment costs incurred by the victim. She directed the defendant to perform 200 hours of community service at a minimum rate of 20 hours per month.

Regarding the misdemeanor charges, the judge imposed no sentence on the assault and battery count pursuant to an agreement between the Attorney General’s Office and the Public Defender’s Office and to avoid any double jeopardy issues.

But she sentenced Castro to six months imprisonment, without the possibility of parole, on the disturbing the peace count. The judge, however, gave credit to the 20 days Castro had already spent in jail and declared that the sentence would be served concurrently with the other prison terms.