Illegal immigrant sentenced in Maui molestation

10-year term for illegal immigrant in sex abuse case

April 19, 2012
By LILA FUJIMOTO - Staff Writer, The Maui News

WAILUKU - An illegal immigrant was sentenced to a 10-year prison term Wednesday for repeatedly sexually molesting a 5-year-old girl, in a case First Deputy Prosecuting Attorney Robert Rivera said highlights the need for immigrants to report crimes of sexual and domestic violence against women and children.

Jose Luis Hernandez-Dominguez, 47, who had been living in West Maui, will be deported to his native Mexico after he is released from prison, said 2nd Circuit Judge Richard Bissen.

Originally charged with continuous sexual assault of a minor from January to October of last year, Hernandez-Dominguez had pleaded no contest to a reduced charge of second-degree sexual assault.

The molestation occurred while Hernandez-Dominguez's wife was baby-sitting the girl, who is also from an illegal immigrant family.

"It took extreme courage," Rivera said, for the girl to tell her mother what had happened.

While being examined by Dr. William Kepler of the Hawaii Sexual Assault Response Team, the girl described how Hernandez-Dominguez sexually touched her, then warned her not to tell while apparently making reference to the family's immigration status, Rivera said.

"He told her, 'If you tell your mom, the police will come and get you,' " Rivera said. "And that caused this 5-year-old girl to remain silent and go through these sexual assaults that this man perpetrated on her week after week after week."

Hernandez-Dominguez admitted to sexually molesting the girl for three weeks, Rivera said, but the girl told a Maui County grand jury that "it happened repeatedly, much more than that."

"That is something children of immigrant families go through," Rivera said. "They fear deportation, detention by federal agents."

He called Hernandez-Dominguez a pedophile.

"What pedophiles do is they rob children of their souls," Rivera said. "And they destroy entire families, including their own family."

In a letter to the court that a Spanish interpreter translated, Hernandez-Dominguez admitted he had illegally entered the country and said he had been living on Maui for six years. He asked for leniency, saying he had been the only one supporting his wife and 11-year-old daughter and didn't want them to suffer.

Hernandez-Dominguez asked to be placed on probation and given credit for more than four months he has spent in jail.

He has no prior criminal record and is hardworking, said Deputy Public Defender Shelly Miyashiro.

"He has no reason or explanation as to why he did what he did, but he is remorseful for what happened," Miyashiro said. "He also understands how serious his actions were and how serious the consequences of his actions are on the victim, her family and his family as well."

Bissen said he didn't believe Hernandez-Dominguez when he said he didn't know why he molested the girl.

"You thought you could get away with it," Bissen told the defendant. "The last thing you expected was for this 5-year-old child to tell anyone. You did this because she came into your home. You did not have to go seek her out.

"You had your victim where you wanted her. You're bigger than her, older than her, smarter than her. She could not defend herself.

"This is a crime of opportunity, a crime of greed, a crime of self-gratification. There are plenty of reasons you did this . . . and you would still be doing this if she had not told anyone."

The judge said Hernandez-Dominguez was trying to shift the focus from his actions to what would happen to his 11-year-old daughter. "All of the things you failed to think about as you were committing these selfish actions, you now ask the court to consider," Bissen said.

Rivera said the prosecution would ask the parole board to require Hernandez-Dominguez to serve a "significant portion" of the prison term before being eligible for parole.

Speaking after the hearing, Rivera said the prosecutor's office has worked to inform leaders in the Hispanic community on Maui about rights illegal immigrants have when they report violent crimes and cooperate with law enforcement. Such rights would apply to Hernandez-Dominguez's victim, he said.

A U visa allows victims of certain crimes to have temporary legal status and work eligibility in the United States for up to four years.

"Victims of violent crime can be protected and receive the services that they have a right to receive under a U visa if they cooperate with law enforcement," Rivera said.

"They can be allowed to remain in the United States.

"It's something that is not well known. We want to make it known to the immigrant community."

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