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The Honolulu Advertiser
Posted on: Saturday, March 21, 2009

Sex-assault victim still afraid

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Mark Heath

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A former University of Hawai'i student who was sexually assaulted in her dormitory room in August 2007 testified in court yesterday about the shattering effect the attack had on her life.

The victim, now 20, moved back to her home state of Texas after the assault and now is "afraid to go anywhere by myself," she said.

The woman spoke at a sentencing hearing for her attacker, ex-soldier Mark Heath, who is facing up to 60 years in prison for offenses that include the rape of a Waikiki woman in April 2007.

Circuit Judge Dexter Del Rosario delayed sentencing of Heath, 21, to May 20 after an undisclosed legal issue arose in connection with the Waikiki rape case.

But because the UH victim had flown from the Mainland to testify, Del Rosario allowed her to speak.

"I came to UH to study foreign languages," she said.

"I didn't come here to party all night," she added, saying that she was an honors student who had "never been more than a three-hour drive" from her home before arriving in Hawai'i.

On her second night in the dormitory, the young woman awoke as Heath was using scissors to cut off her underwear, according to court records.

She screamed, and Heath pushed her down and fled through a fire escape door, according to police.

The victim said she struggled to complete her first semester at UH before arranging an emergency transfer to the University of Houston.

"I didn't feel safe in my (UH) dorm," she said.

She would "wake up in a panic" if her roommate made noise during the night, she said.

"I still don't feel safe. I'm afraid to be alone in my own house," she said.

Heath, who pleaded no contest in December to a charge of sexually assaulting the woman, apologized to her in court.

"Words just can't express how sorry I am for what I've done," he said.

Heath's no-contest plea covered additional charges of burglarizing three dormitory rooms at the UH-Manoa campus in August and November 2007 as well as burglary and second-degree sex assault in the Waikiki case.

Deputy prosecuting attorney Thalia Murphy earlier described Heath as a sexual predator who "looks like someone you'd want your daughter to marry."

Heath was linked to the Waikiki case through a DNA sample he provided after he was arrested in the UH cases.

Heath's lawyer, Dean Young, said an "issue" in the Waikiki case was disclosed to him yesterday morning by Murphy and he asked Del Rosario for additional time to consider it.

Heath wanted to go ahead with sentencing but acceded to the delay after Del Rosario said it was in his best interest to do so.

Young said he believes Heath "is a prime candidate" for rehabilitation and intends to ask Del Rosario for a sentence of 18 months in prison and five years of probation.

"He is very remorseful" and voluntarily underwent sex offender treatment, Young said.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.