Acting 2nd Circuit Court Judge Rhonda Loo imposed the sentence on Frank Marshall, who pleaded guilty to first-degree sexual assault and two counts of third-degree sexual assault for incidents involving the minor female in December 2006 and in January.

Marshall was sentenced under a law that allows sex offenders to serve one year in jail and 20 years on probation instead of a prison term in exchange for a plea, which spares victims from having to appear in court to testify. The expedited sentencing can apply in cases where the offender and victim are related or live in the same residence.

In asking for leniency, the victim told the court that Marshall is a good person although what he did "was stupid."

"I forgive him," she said. "Please don't send him to jail."

But Loo said the damage that Marshall did runs deep and the crimes were discovered only when the victim talked about hurting herself. Marshall had threatened the victim to not tell anyone about the incident, Loo said.

"Your behavior is irresponsible, unbelievable, inappropriate at the least," Loo said.

Calling probation "a gift," Loo said Marshall can never replace what he took away from his victim.

Marshall apologized in court saying he was "very selfish" when he committed the acts. But through treatment Marshall said he understands what he has done to the victim.

"It made me really angry for what I have done," he said. "I just hope the decision you make today, your honor, will give me the chance to help her, your honor, any way I can."

Marshall also turned to the victim and apologized.

"What I have done to you, I'm so sorry."

Defense attorney William Sloper said his client is "sorry as sorry can be" and has followed and completed all directions and tasks up to this point and has also entered treatment as a sex offender.

Sloper asked that if jail time were imposed, Marshall be allowed to serve it on weekends, so he could continue to work and support his family.

An official with Marshall's sex offender treatment program said Marshall has engaged in treatment well.

Although Marshall has done everything he has been ordered to do, Deputy Prosecutor Byron Fujieda said that's the way it should be anyway.

He called Marshall's actions "unforgivable."

Marshall will never know the pain he has caused his victim, Fujieda said.

He said if Marshall is out of work, there would be state services that could assist his family and the victim.

Marshall, who was out of custody Friday, was immediately sent to jail following the hearing.

Loo also ordered that Marshall have no contact with the victim or her relatives without prior permission from his probation officer, to participate in the Hawaii Sex Offender Treatment program, to stay away from inappropriate materials and to not reside in a home with any minors.

Melissa Tanji can be reached at mtanji@mauinews.com.