A Hilo grand jury indicted a 64-year-old Hilo man for the alleged sexual assault of an underage girl.
A Hilo grand jury indicted a 64-year-old Hilo man for the alleged sexual assault of an underage girl.
The two-count indictment returned Jan. 18 charges Gordon G. Duarte with first- and third-degree sexual assault for an incident that allegedly took place Dec. 10 in a Hilo home.
The document states Duarte “knowingly engaged in sexual penetration” with the alleged victim and “knowingly subjected” her “to have sexual contact” with him.
According to the document, the alleged victim, identified only by initials, is younger than 14 years old.
A police spokeswoman said Tuesday that Duarte was arrested Dec. 29 and charged Dec. 30 for the same offenses. He was released from police custody after posting $12,000 bail.
According to court records, Duarte made an initial appearance Jan. 17 in Hilo District Court and was ordered by Judge Henry Nakamoto to return Jan. 31 for a preliminary hearing. The indictment, which is a finding of probable cause for trial, moves the case to Hilo Circuit Court for arraignment and plea and nullifies the need for a preliminary hearing.
As of Monday, Duarte, a wood carver, artist and laser engraver, had not been re-arrested on the indictment, according to a police log. A check of court records turned up no previous criminal record.
First-degree sexual assault is a Class A felony punishable by up to 20 years in prison, while third-degree sexual assault is a Class C felony punishable by up to five years imprisonment.
Email John Burnett at jburnett@hawaiitribune-herald.com.