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  Ex-Youth Pastor Says Devil Led Him Astray in Sex Assault

The Maui News
February 7, 2008

http://www.mauinews.com/page/content.detail/id/38535.html

Second Circuit Judge Joel August also ordered Kaipo Cabanting of Haiku not to have contact with the minor, with whom he developed a relationship from attending church.

August said he takes Cabanting's religious beliefs seriously but the explanation Cabanting gave in a letter blaming the devil is "not completely satisfactory to the court." August said that people make conscious decisions in committing criminal acts.

Cabanting was sentenced on two reduced counts of second-degree sex assault, with additional prison terms for third-degree sex assault to run at the same time. The charges were for incidents in 2006 and 2007, when the victim was 13 and 14.

The age for a minor to consent to sexual activity in Hawaii is 16.

August said Cabanting could have cut off his relationship with the minor after being told to do so by police, family and friends after the first sexual encounter. If he had, the judge said he could consider probation and up to a year in jail.

But the second sexual contact nearly a year later called for prison time.

August sentenced Cabanting as a young adult offender, allowing a shorter prison term for the Class B felony sexual assault.

Cabanting faced at 10-year prison term for the conviction of second degree sexual assault, although he also could have been granted probation. August said probation would not be appropriate although Cabanting did not have a prior record.

What is "bothersome to the court" is the repeat sexual assault, August said.

He wondered what was done to prevent Cabanting from contacting the girl again.

All parties present at court including prosecutors, the family of the victim and Cabanting said they did their best to monitor him.

According to court records Cabanting's first encounter with the victim was on March 28-29, 2006. He later had another encounter with the victim on Feb. 14, 2007.

Cabanting repeatedly apologized in court and also turned to apologize to the victim's family.

"I'm terribly, terribly, sorry for what has happened. . . . I was a kid," he told the family.

He said he is not a pedophile.

"I made a mistake. I fell in love with your daughter," Cabanting said.

He then addressed August, saying he got caught up in lust.

"I was really in love."

Cabanting asked for a second chance and told August that he would never see him in his court again.

Deputy Public Defender William "Pili" McGrath said the defendant is young, has otherwise lived a law-abiding life and graduated from high school, where he did well. No substance abuse is in involved in the incident.

"I would put this case in the category of bad judgment and lust," McGrath said.

"He did make a big mistake. He knows that."

Deputy Prosecutor Andrew Martin, arguing for a full 10 years in prison, urged the court to consider Cabanting's actions after he was warned to stay away from the underage victim the first time.

"He knew at that time he was in a lot of trouble . . . He does it again," Martin said.

Martin said the law is designed to protect young children, who may not understand the circumstances and the ramifications of a decision to engage in sexual activity. Cabanting used his position at the church as a youth pastor to groom his victim, Martin said.

In the first incident Cabanting climbed through the victim's bedroom window saying he wanted to share a religious experience, Martin said.

Cabanting said things went from God to intimacy.

The victim's stepfather said the family had told Cabanting to stay away from the girl.

"He doesn't seem to get it. Clearly it is an issue and it is serious," the man said.

But he said he believes there is a chance for Cabanting to turn his life around.

 
 

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