State Senate Minority Leader Sam Slom attributed the absence of tougher prison sentences in Hawaii for sexual assault against minors to "diverse cultures" that do not see the crime in having sex with children.
In an appearance Thursday on Fox’s "The O’Reilly Factor," Slom spoke of his unsuccessful attempts at the state Legislature to establish mandatory minimum sentences of 25 years without the possibility of parole for sexual assault against minors. The legislation is similar to "Jessica’s Law," a national crusade by talk show host Bill O’Reilly in response to the abduction, rape and murder of 9-year-old Jessica Lunsford in Florida in 2005.
Slom (R, Diamond Head-Kahala-Hawaii Kai), the only Republican in the state Senate, said there is "misplaced compassion" in Hawaii for perpetrators of sexual assault.
"And there’s also an underlying cultural problem here where some of our diverse cultures actually don’t see any problem or any crime in having sexual relations with young children," Slom told O’Reilly.
Asked Friday about his comments, Slom said they were a small part of the interview and that he did not get the chance to expound on the issue during the broadcast. He defended his comments as factual, however, "that in some cultures that are here, that they have a different interpretation of what may be sexual abuse or molestation."
Slom declined to identify any specific culture "other than to say that they exist here." He cited as an example the case of Howell "Chinky" Mahoe, a kumu hula who in 1998 received five years’ probation from a judge instead of a 10-year prison term for sexually assaulting four young dancers. The judge also allowed Mahoe to continue teaching hula to children as long as another adult was present.
In February the Senate voted 23-1 against Slom’s proposal to amend a bill that would set the mandatory minimum sentence at six years and eight months without the possibility of parole for sexual assaults that involve penetration on minors under 12. Slom proposed making the mandatory minimum 25 years.
Senators said higher mandatory minimum sentences would have interfered with judicial discretion. Others cautioned that it would have applied in cases where longer prison terms could be seen as overly harsh, such as assaults by developmentally disabled teenagers on minors or sexual acts between minors who are in boyfriend-girlfriend relationships.
Sen. Rosalyn Baker (D, West Maui-South Maui) told senators during the debate that while it may be tempting to yield to a "lock them up, throw away the key" impulse, longer sentences are not always appropriate.
The conservative O’Reilly, who is among the nation’s most popular talk show hosts, has said he loves Hawaii but has used stereotypes when depicting the islands. His show aired an irreverent segment in January from a Fox producer who portrayed the state as a liberal haven where taxes are high, drug use and prostitution are rampant, and the laws are soft on child sex abuse.
O’Reilly told the producer that what was shocking was that more than a third of Hawaii’s population is Asian, "and Asian people are not liberal, you know, by nature. They’re usually more industrious and hardworking."
U.S. Rep. Colleen Hanabusa, D-Hawaii, said O’Reilly owed Hawaii and all Asian-Americans an apology. Instead, O’Reilly and Hanabusa sparred on his show.
On Thursday, O’Reilly asked Slom why "the left" in Hawaii opposes "Jessica’s Law," and described the state as "pretty much a free-fire zone for pedophiles."
"Look, I love Hawaii," Slom responded. "We’re a great state. We have great people. But we have a dirty little secret."
Slom said lawmakers often cite children — the "keiki" — when justifying legislation.
"So you would think that with all of the discussion about how we care about our children, we would protect them, and yet the secret is that we don’t do that," Slom said. "And people really don’t talk about it. It’s not an issue for discussion."
O’Reilly suggested that the state values pets more than children. "I understand that laws against harming pets are more important in Hawaii than they are harming children," the host said.
"You want a big crowd, have a dog cruelty bill. There’ll be hundreds of people down at the Capitol," Slom said.