HPD officer accused of sex assault by woman he pulled over seeks dismissal of charges
HONOLULU (HawaiiNewsNow) – A Honolulu police officer accused of sexually assaulting a woman he pulled over in Waikiki has filed a motion to dismiss the sex crimes charges, arguing the alleged actions happened after the traffic stop ended.
Read more Cromwell’s Beach shark attack survivor continues recovery
HPD Officer Christopher Oallesma pleaded not guilty to 11 counts, including misconduct, obstruction and using a computer in the commission of a separate crime. The majority of counts are for sexual assault in the third and fourth degree over the incident that allegedly happened on April 6.
His attorney, Alen Kaneshiro, has now filed a motion to dismiss those charges, claiming the plain language of the law requires the sexual contact by a law enforcement officer to occur during the traffic stop, not after it has concluded.
Timeline of alleged incident
Court records filed by Kaneshiro detail the events on April 6 while Oallesma was on patrol in Waikiki.
Kaneshiro writes in the motion to dismiss, “There is no dispute” that the woman let the officer into her hotel room, where prosecutors said the sexual contact occurred.
Read more Police seek suspects in thefts, vandalism at Waimanalo Elementary
Oallesma is accused of kissing and touching the woman and putting her hand on him.
Kaneshiro’s motion said, Oallesma denied that happened but continued, even if the allegations are true, the charges do not apply because the woman was not in custody when the alleged assault happened.
Legal arguments
Legal expert Victor Bakke said the claim that the stop is the only time where the person cannot have sexual contact with the police officer is “an incredibly narrow” interpretation of the law because “what the statute is really meant to do is prevent this imbalance of power.”
Bakke is a defense attorney and former deputy city prosecutor.
Megan Kau, another defense attorney and former deputy city prosecutor, agreed, “What we’re looking for is the authority of the police officer or the authority of the badge to hold over the victim and apply that pressure.”
Read more Iolani Palace to honor 50th Anniversary of Hokulea’s maiden voyage
Oallesma was still on duty and in uniform when he entered the hotel room.
The hearing on the motion to dismiss is set for July.
Post Comment