Pago Pago, AMERICAN SAMOA —  A 38-year old man accused of forcibly entering a Malaeimi home with the intent of making sexual contact with a 15-year-old girl who was inside her bedroom sleeping, was sentenced last week to 20 months imprisonment as part of a 5-year probation term.

However, the wife of defendant Militani Iosefo asked the court if her husband could be released from jail so he could work, to take care of their three children, because he is the only breadwinner for the family.

The court then ordered that the defendant can be out for work release, but only if he is able to provide proof that he has solid employment and money to care for his family, while incarcerated.

Iosefo, who has been in custody since his arrest in October 2017, unable to post a $15,000 surety bond, was initially charged with first degree burglary, first degree sexual abuse, and misdemeanor trespassing. But under the plea agreement with the government, Iosefo pled guilty to first degree sexual abuse. The remaining charges were dismissed.

In pleading guilty to the charge, Iosefo admits that on the evening of Oct. 25, 2017, while he was heavily intoxicated, he forcibly entered a home in Malaeimi with the intent of committing a crime.

While inside the house, he sexually abused a 15-year-old female inside her bedroom while she was asleep, by touching her private parts and her chest in a sexual manner.

First degree sexual abuse is punishable by up to 5 years in prison and a $5,000 fine.

According to terms of plea agreement, the incident occurred when the victim was alone at home with her two younger siblings, while her parents were at a church meeting.

During sentencing, Iosefo apologized for his actions and sought leniency so he could return home to care for his wife and children, as well as his family, church, and village.

He told the court that he is the only one who works, and he made a silly mistake that hurt his family, especially his wife and children who are very dear to his heart.

“I’m truly remorseful for what I did and I beg the court for a second chance, so I can change my life and start a new chapter,” Iosefo said with tears in his eyes.

He also apologized to the victim and her parents, and asked for their forgiveness.

His wife also took the stand and confirmed that her husband is the only one that works, and she pleaded with the court to allow him to come home.

She said that while her husband has been in custody, it has been very difficult for her to find money to take care for their children: ages 9 months, 3-years and 6-years.

Defense attorney, Assistant Public Defender Rob McNeill asked the court for leniency, pointing out that his client has been in custody for almost 20 months.

McNeill asked for a probated sentence, credit for time served, and no additional term of detention for his client.

However, Assistant Attorney General Laura Garvey argued for the maximum sentence because of the seriousness of the crime involving a minor, who will not forget what the defendant did to her for the rest of her life.

She said that what happened to the victim is something that will always keep her awake at night.

The prosecutor added that a message needs to be sent out to the public, to alert everyone who commits this type of offense, that the court will not tolerate it.

Garvey said the defendant is a married man with young children, but he unlawfully entered the home of the victim at night, and sexually abused her while her parents were away from home.

A recess was called.

A recap of the facts of the case was made before the sentence was handed down.

According to the court, Iosefo was at a drinking session with friends before the incident happened. Around 9p.m on the night in question, Iosefo, on his way home, went to the victim's home and knocked on the front door.

The victim opened the door and saw Iosefo standing outside, holding two large beer bottles. Iosefo asked the victim where her father was, and the girl told him her dad wasn't home, that both her parents were at a church meeting.

The defendant then left, returning around 9:45 p.m on that same night, where he entered the victim’s home through the back door and made his way to the victim’s bedroom and sexually abused her by touching her private parts and upwards to her chest.

The victim screamed and yelled at Iosefo to leave the house. The defendant then fled, leaving his black wallet with a photo ID behind.

Iosefo was sentenced to 5 years imprisonment and a $5,000 fine. Execution of sentence is suspended, and he is placed on probation for 5 years subject to several conditions.

He has to serve 20 months at the Territorial Correctional Facility (TCF) — credited for time served — and upon release (June 25, 2019), he is to depart the territory and remain outside of its borders for the duration of  probation. However, this condition (departure) is stayed until further order of the court.

By statute, Iosefo has to undergo HIV testing and register as a sex offender.

He is not to make any direct or indirect contact with the victim and her family, and he is to remain drug and alcohol free, and be subject to random testing.