Pago Pago, AMERICAN SAMOA — A 69-year-old great uncle from Faleniu convicted of sexually assaulting his 10-year-old great niece has been sentenced to serve 12 straight years at the Territorial Correctional Facility (TCF).

The court told the defendant, who is a citizen of the Independent State of Samoa, that if the laws of this territory included the death penalty, the Court would seriously consider it.

The sentence was handed down by Associate Justice Fiti Sunia, accompanied by Chief Associate Judge, Mamea Sala Jr and Associate Judge, Tunupopo Alalafaga Tunupopo.

[In the interest of protecting the minor victim, Samoa News is withholding the names of all parties involved].

The defendant, who has been in custody since his arrest in early 2020, unable to post a $55,000 surety bond, appeared in High Court last Friday for sentencing. He was represented by Assistant Public Defender, Ryan Anderson while prosecuting the case was Assistant Attorney General, Kristine Soule’.

Despite his Immigration papers not being up-to-date, Sunia called for the sentencing to go forward.

The defendant was initially charged with several serious felonies; one count each of child molesting; sodomy; rape; first degree sexual abuse and two counts of incest.

However, pursuant to a plea agreement with the government, also accepted by the Court on Nov. 30, 2021, the defendant pled to one count of sexual assault, a class C felony, punishable by a term of imprisonment of up to 7 years, a fine of up to $5,000; and one count of first degree sexual abuse, a class D felony, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000, or both.

By his guilty plea, the defendant admits that sometime in the month of January 2020, he sexually assaulted his own great niece inside their house. He further admits that on the same date, he sexually abused the victim by touching her inappropriately.

When given the chance, defense attorney Anderson asked the court for a probated sentence. He told the court that his client is truly remorseful for what he did and he took full responsibility for his action. Defense also told the court that his client was drunk at the time of the offense.

The prosecutor strongly opposed the defense’s submission for a probated sentence. According to Soule’, the defendant sexually assaulted his own great niece who looked up to him as she did her own father. Furthermore, the offense happened inside the family’s own house, the place the victim called, “home”.

Sunia told the defense attorney that probation is not an answer for his client and that the defendant devastated the 10-year old girl for the rest of her life. “If the laws of this territory sentenced you to death, we would seriously consider death,” he said.

According to the court, this is one of the many sad cases that comes before the court, where uncles and grandfathers violate the trust their nieces and granddaughters give to them. The victim felt safe inside her own house until the defendant decided to take away that safety from the minor victim and sexually assaulted her.

For the crime of sexual assault, the defendant was ordered to serve 7 straight years behind bars and a fine of $5,000.

For the charge of sexual abuse in the first degree, the defendant was sentenced to serve 5 straight years at TCF. The two sentences will run consecutive, meaning, the defendant will serve a total of 12 years at TCF and pay a fine of $10,000.

Upon serving his sentence, the defendant is ordered to depart the territory and return to his homeland, Samoa — and not enter American Samoa again for the rest of his life.

BACKGROUND

According to the government, it was the victim’s mother who reported the alleged incident to the Dept. of Human and Social Services (DHSS) who in turn referred the matter to police. According to the victim’s mother, the 69-year-old suspect is her great uncle and they live together in the same Faleniu house, where the crime occurred.

The government claims the latest incident was witnessed by the victim’s 15-year-old brother who told his mother about it. The boy told police that on the afternoon of Jan. 20, 2020 while in the living room, he saw his great uncle signaling to his sister (victim) to go in his bedroom and wait for him there. The boy said he had been trying for a week to figure out why his sister was always entering the defendant’s bedroom.

According to him, one day in Dec. 2019, while his sister was taking a shower, he noticed his great uncle coming out of the bathroom. The boy said he didn’t really think anything of it, until he saw his great uncle signaling to his sister to go in his room. That’s when he told his mom and DHSS was notified.

The boy mentioned to investigators that in Jan. 2020, he saw his great uncle and his little sister engaged in a quiet conversation like adults and he suspected that something was going on.

The victim was interviewed by police in the presence of her mother.

According to the girl, it was Jan. 3, 2020 (the defendant’s birthday) that she saw her uncle drinking beer inside their home. She was in the shower, her mother was in the outdoor kitchen, and there was nobody in the house.

The victim told police that while standing naked in the shower, she was shocked when her great uncle opened the bathroom door and made his way into the shower. She said she didn’t know what to do, as her great uncle held her hands and told her to come with him in his bedroom so he can make love to her.

The victim said she refused and tried to remove her hands from his, but her great uncle grabbed her, pulled her head down, and forced her to perform oral sex on him. The second alleged incident occurred the very next day inside the same house, with the defendant approaching the victim again while she was taking a shower.

According to the victim, the suspect approached her and asked if they can go in his bedroom and do bad things. The girl claims that her great uncle forcibly took her in his room where he raped her.

Afterwards, the victim told police, she was in pain and was unable to walk so she had to lie on the floor in the suspect’s room for a moment, until her mother called out for her.

When confronted by police, the defendant admitted to taking the victim twice into his bedroom but says he never raped her. According to him, he was drinking on his birthday when he heard the victim taking a shower. He said he walked into the bathroom and saw the victim standing there, naked. And the devil took over his thoughts and tempted him to do something bad to her.

He said he told the victim to go in his bedroom and she did. While in there, all they did was play around — naked — until her mother called out for her.

The defendant allegedly told police that the second incident transpired after the victim came to his room asking for money. According to him, before he handed the money over, he and his niece both removed their clothes and were just having fun in his bedroom.

Again, the suspect told investigators he did not rape the victim. He said that after they were done playing around in his room, he gave the victim $2, told her to leave, and then he slept.