Malabanan, 21, failed to post bail and was remanded to the custody of the Department of Corrections.
Govendo directed Malabanan to return to court on Jan. 12 for his preliminary hearing and on Jan. 19 for his arraignment.
Chief Prosecutor George Hasselback represented the government, while Assistant Public Defender Douglas Hartig served as Malabanan’s counsel.
On New Year’s Eve, the Department of Public Safety secured a warrant for Malabanan’s arrest issued by Associate Judge David Wiseman, who initially set a $25,000 bail.
In his declaration of probable cause in support of issuance of an arrest order, Detective Steven Castro said his colleague, Detective Vincent Mareham, learned on Dec. 21, 2009 that a 16-year-old female victim had sex with Malabanan when she was 13-years-old.
On Dec. 29, 2009, Mareham again interviewed the victim and learned from the interview that she and Malabanan met through a friend in 2006.
From that point forward, the victim told police that she had sex with Malabanan more than four times at the residence of the defendant’s father on Capital Hill.
Police also learned that the victim stayed at the house of Malabanan’s father for more than three months with the defendant.
In 2006, police said the victim was 13 years old and Malabanan, who knew the age of the victim, was then 18.
