WAILUKU - A Makawao man was ordered to turn himself in Monday to serve a 30-day jail term for the sexual assault of a girl at a resort sauna six years ago.
David Anderson, 48, also was placed on one year's probation Wednesday after earlier pleading no contest to a reduced charge of fourth-degree sexual assault.
The sexual assault was reported July 27, 2006, when a 15-year-old girl was sexually touched while in a sauna in a grotto area at the Grand Wailea, said Deputy Prosecutor Simone Polak. She said the girl, a tourist, had been with two other girls in the sauna, although one girl had left before the touching occurred.
As part of a plea agreement, the prosecution and defense recommended sex offender treatment and no jail for Anderson.
"It was a fair resolution to the case," said defense attorney David Sereno. "David was intoxicated on that day. There was a missing piece of that day in his head."
Sereno said Anderson was willing to participate in sex offender treatment and would have to register as a sex offender for at least 10 years.
"For at least the next 10 years he will be labeled as a sex offender," Sereno said. "If there's a punishment in society, it is in fact a label that is put on somebody, that everybody knows that's the crime that you committed."
In imposing the jail term, 2nd Circuit Judge Richard Bissen said he was concerned about Anderson's pattern of making excuses for his behavior, citing the defendant's 2003 arrest for third-degree sexual assault and his 2009 conviction for open lewdness.
Bissen said Anderson's explanation that he couldn't remember what happened in the 2006 case was "unbelievable."
"He's blaming everything except himself," Bissen said. "He's blaming the pills, the alcohol, the lying witnesses. He's convinced himself that he doesn't have a problem, but clearly he has a big problem and he hasn't addressed it."
Anderson was ordered not to consume alcohol or illegal drugs. He also was ordered to have no contact with any minor child and not to live in a residence with a minor child unless approved by his probation officer.
* Lila Fujimoto can be reached at firstname.lastname@example.org.