A 25-year-old homeless man was sentenced Thursday for sexually abusing a 12-year-old girl in 2011.
Kenai Superior Court Judge Carl Bauman sent Kyle Hawkes to five years, with three years suspended and seven years of probation. He was also ordered to register as a sex offender.
Bauman said as far as the court could tell the case was “more consensual than some,” but consent came from a young victim not in the position to make a mature decision.
“The defendant will be living with the consequences of this situation for many years,” Bauman said.
Hawkes was originally charged with four counts of sexual abuse of a minor in the first degree and eight counts of second-degree sexual abuse of a minor, according to state court databases.
In an Aug. 20 plea deal, the counts were reduced to one count of third-degree sexual abuse of a minor. The agreement was reached before the Alaska Department of Law ended plea bargaining for lesser sentences for serious felonies
District Attorney Scot Leaders recommended the maximum sentence of five years, with two years and six months suspended followed by 10 years probation.
Leaders said the case developed from the victim’s statements and her contraction of a sexually transmitted disease. The victim potentially was infected by another source, he said, and when Hawkes was tested more than a year after he had sex with the girl, he did not have that STD.
Leaders said the victim was conflicted about Hawkes conduct, and said that Hawkes, who is 10 years older than the girl, preyed on her sexuality.
Public Defender Bill Taylor said he believed Hawkes was homeless in Anchorage for about one year between the time incident was reported in 2011 and when the charges were filed in 2012.
Hawkes got tested negative for STDs and Taylor said his medical research conflicted with what Leaders said. By waiving grand jury indictment and taking a plea deal, Taylor said the defense saved the girl from having to testify.
“So she doesn’t get victimized again, so to speak,” he said.
Hawkes declined to make a statement at the hearing.
According to a report filed by Alaska State Troopers, Hawkes lived with the victim’s family, near Soldotna, and had sex with the girl in June and July 2011.
The victim told troopers that Hawkes had sex with her two to three times a week when he would come over to the house to take a shower after work and he would leave the shower running and have sex with her in an adjacent room. The girl told troopers he would not wear a condom. Lab results showed she had Chlamydia, according to the report.
Charges weren’t filed in the case until August 2012, according to state court databases.
Hawkes is jailed at Wildwood Correctional Center.
Kaylee Osowski can be reached at firstname.lastname@example.org.