SUPERIOR Court Judge Joseph N. Camacho on Friday imposed the full maximum sentence of 15 years of imprisonment on a 23-year-old man with a learning disability for sexual abuse of a minor in the second degree.
The judge said Glen Anthony Mafnas Ruben Jr., who worked as a cultural dancer performing for tourists, will serve the first five years without the possibility of parole or probation. He was given credit for time served, and no fine was imposed because the defendant is indigent. But he must register as a sex offender and report to the CNMI Office of Adult Probation the next business day after his release.
The sentencing order noted Ruben’s extensive documented learning disability, and the psychological experts’ examination of his learning disability.
Ruben, Judge Camacho said, lacks the intellectual ability and social skills to fully understand his actions and incorrectly thought it was appropriate to be in a romantic relationship with a 14-year-old minor.
Ruben has the mind of a child, the judge said. He added that this is not a legal excuse for a crime, but Ruben’s intellectual disability “provides significant mitigation.” The judge also noted that the defendant has no prior criminal history and is a candidate for rehabilitation.
Police arrested Ruben in Dec. 2015 for having sex with his 14-year-old girlfriend he just met through social media. He was 21 at that time.
The girl and Ruben admitted having sex on Christmas night. Ruben, according to the police, was aware that she was 14.
Ruben’s sentence will run concurrent with his five-year sentence in federal court.
On June 20, 2016 Ruben pled guilty to one count of receipt of child pornography in the District Court for the NMI.
At the sentencing hearing in Superior Court on Friday, his mother and uncle spoke on behalf of Ruben who was represented by Assistant Public Defender Cindy Nesbit while Assistant Attorney General Teri Tenorio appeared for the government.
The prosecutor recommended a sentence of 10 years, while the defense recommended a five-year sentence.