Abuse victim in Hawaii awarded $40 million in church sex assault case
Abuse victim in Hawaii awarded $40 million in church sex assault case
By KITV Web Staff - Jul 20, 2023
HONOLULU (KITV4) -- The victim in a childhood sex abuse lawsuit in Hawaii was awarded a $40 million settlement.
This week, a Circuit Court awarded the plaintiff known only as "N.D." a total of $40 million dollars in damages in connection with N.D's claims that the Defendant, Keneth L. Apana, raped and sexually abused her in 1992 when she was just 12.
Apana was an "Elder" in the Jehovah's Witness church at the time he sexually assaulted the plaintiff. Court findings showed the abuse took place during sleepovers at Apana's house.
The lawsuit was filed in 2020 against defendants Apana and the Makaha Congregation of Jehovah's Witnesses along with other entities associated with the Jehovah's Witnesses church.
"She's had a very devastating impact from the abuse that occurred in this case. The case was initially against the Jehovah's Witnesses and that part of the case settled, but we also name the person accused of molesting her, who admitted to many of the facts the courts mentioned," the victim’s lawyer, Mark Davis, told KITV4.
The court reports Apana sexually molested minor girls for at least 23 years.
A spokesperson with the Jehovah's Witnesses issued the following statement to KITV4 about the settlement:
“Out of respect for the privacy of all involved, we do not comment on the specific allegations involving victims of abuse. However, we note that the judgment was against Mr. Apana, the person who perpetrated the abuse. Jehovah's Witnesses condemn the repugnant actions of anyone who victimizes children. Further, elders in our faith comply with reporting laws and do not discourage victims or their families from reporting abuse to the police.”
Legal documents pertaining to the case
Abuse victim of Makaha church elder entitled to $40M, judge says
Mark Ladao, The Honolulu Star-Advertiser
Thu, July 20, 2023, 11:02 AM CDT·4 min read
Jul. 20—A victim of childhood sexual abuse by an elder of the Makaha congregation of Jehovah's Witnesses is entitled to $40 million in damages, a Circuit Court judge has ruled.
A victim of childhood sexual abuse by an elder of the Makaha congregation of Jehovah's Witnesses is entitled to $40 million in damages, a Circuit Court judge has ruled.
Based on the evidence presented in a lawsuit initiated in 2020, Circuit Court Judge Dean Ochiai on Tuesday awarded the plaintiff, identified as "N.D., " $15 million in damages as compensation for the harm she suffered from the sexual abuse by the church elder, and $25 million in punitive damages.
Kenneth Apana, who is a defendant in the case, admitted that he sexually assaulted four girls over the 23-year period between 1988 and 2011, including a family member.
The plaintiff was one of Apana's victims. She was raped and repeatedly sexually abused in 1992 when she was 12 years old and while Apana was a church elder of the congregation, which is also known as Makaha Kingdom Hall.
Apana, now 78 years old and living on Hawaii island, has never been arrested or prosecuted for the sexual assault. The plaintiff's claims against Apana and the church were resolved through a confidential settlement, but she then proceeded to trial on her damages claims against Apana.
"At long last, this sexual predator has been held accountable for the devastating impact his horrific actions have had on N.D. and many others, " said Mark Davis, one of the attorneys at Davis Levin Livingston who handled the case, in a statement. "Far too often, perpetrators of sexual crimes against children are not held to account. Here, N.D. had the courage to confront her abuser, and Judge Ochiai responded with a strongly-worded decision and awards of substantial compensatory and punitive damages that reflect the enormous harm it has caused."
Apana admitted to sexually abusing the plaintiff and another child in 1992. His first known instance of sexually abusing children was of a 14-year-old family member in 1988 or 1989.
"He would enter the minor's bedroom and masturbate in front of her and touch her vagina, " Ochiai's findings of fact stated. "This predatory behavior lasted for four years until the minor family member reached 18 and left the family home."
Apana admitted to the last known instance of his sexual abuse, which took place in 2011 when he had sexually abused a 13-year-old girl.
The plaintiff was born and raised in a Jehovah's Witness family, and from birth until adulthood was a member of the Makaha Kingdom Hall congregation, according to court documents. Apana also belonged to the congregation, and both had regularly attended Jehovah's Witness events and meetings as part of the congregation.
They were described as being closely acquainted. They lived about a block from each other, and the plaintiff had been friends with Apana's daughter.
The plaintiff's parents had permitted her to attend sleepovers at Apana's home due to his "elevated status as a church elder in Makaha Kingdom Hall, " court records said. She had attended numerous sleepovers at Apana's home in 1992.
That year, Apana was found to have abused the plaintiff for more than a year, during which he "raped and digitally penetrated " her. That included a 10-day stay at Apana's home, during which he sexually molested her every night.
She alleged that sexual abuse occurred about 30 times that year.
The plaintiff was forced to sit next to Apana during church services following the abuse.
Court documents showed that the plaintiff's mother and a parent of another victim confronted Makaha Kingdom Hall about the sexual abuse, prompting an internal investigation.
Apana was "disfellowshipped " from the church for a year, but other elders discouraged the plaintiff from reporting the sexual abuse to police. Apana was then required to apologize to the plaintiff and was allowed to return to the church.
After this, church elders continued to dissuade the plaintiff's family from reporting the sexual abuse, telling them to "move on."
Ochiai found that Apana "has shown no remorse for the harms he inflicted on his victims, " while the plaintiff "has been living with daily memories of her rapist and the sexual abuse."
Following the abuse, she withdrew from her friends and "continues to have a hard time relating to and trusting others." The effects of the abuse have affected her professional and social life and has resulted in her loss of faith, court documents said. She has, on occasion, also "resorted to cutting herself."
According to the Ochiai's conclusions of law, Apana would have faced multiple felony charges with lengthy prison sentences had he been criminally prosecuted.
Because of Apana's "egregious " and "reprehensible " illegal conduct, Ochiai ruled that the plaintiff was entitled to $40 million in damages.