In November 2009, the kidnapping charge was dropped and the criminal sexual conduct charges were reduced.

Ingham County Assistant Prosecutor Lisa McCormick said the prosecutor’s office decided to further reduce the charges because it wanted the case resolved without going to trial and discussed a lesser charge with the victim’s family. Higuchi’s attorney, Joan Morgan, said in court Wednesday the prosecutor recommended a sentence of 180 days in jail for the accosting charge.

Judge James Giddings said he believed Higuchi did not know the real age of the victim and did not intend to manipulate her based on testimony and e-mails sent back and forth between Higuchi and the victim. Giddings questioned whether it was a valid argument to say Higuchi sexually exploited the girl. He said it was not apparent that Higuchi was manipulating the girl into sex, and Higuchi did not know her age.

“Are we going to destroy a life knowing these circumstances?” Giddings said. “I’m certainly not going to do that. Frankly, it would be unjust.”

Higuchi spoke using a translator in court. He said he’s been punished enough and didn’t want to return to jail.

“I really hope that I am allowed to get a chance and learn from this,” Higuchi said through his translator. “Please allow me to go back and return to work.”

Morgan said Higuchi still has to figure out his status with MSU and resolve matters with immigration regarding how long he is allowed to stay in the United States. Higuchi is in Michigan on a visa from Japan while attending MSU. Barbara Kitchell, the director of the MSU Center for Comparative Oncology, said last month Higuchi’s status with MSU would not be decided until his legal proceedings had concluded. Kitchell did not return calls Wednesday. Higuchi’s residency at MSU has been terminated, Morgan said. It is unclear whether he will return to MSU.

Prosecuting Attorney Susan Hoffman Adams said the victim didn’t have the adequate judgement to know what she was doing, despite the fact she presented herself as an adult. Adams pointed out the victim was reluctant and had told Higuchi she had never kissed a boy before, and argued that should have been a sign of her youth. The victim’s mother spoke on behalf of the girl. She questioned why Higuchi had to turn to the Internet to find companionship, and expressed the negative effects the incident has had on her daughter. The State News does not name sources who might identify a victim of sexual assault.

“I’m not disputing her bad choices,” she said. “But she was 13. She’s going to live with this forever.”

Following the mother’s statements, Giddings asked if she had seen the e-mails between Higuchi and her daughter. He said in those e-mails, she “clearly” represented herself as a 30-year-old woman.

“I couldn’t find one hint to suggest she’s an underage person,” Giddings said.