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Man convicted of sexually assaulting stepdaughter sentenced to 7 years

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 50-year-old stepfather convicted of sexually assaulting his 16-year-old stepdaughter over a period of 10 months will serve 7 years at the Territorial Correctional Facility (TCF).

(In the interest of protecting the minor victim, Samoa News is withholding the name of all parties involved.)

The stepfather, who has been in custody unable to post a $30,000 surety bond, appeared in High Court last week for sentencing.

The defendant was originally charged with two separate cases. In the first case, the defendant was charged with 22 charges, including 5 counts of rape; one count of sodomy; 8 counts of first degree sexual abuse; 5 counts of incest; all felonies, along with 4 counts of endangering the welfare of a child, a class A misdemeanor.

In the second case, the defendant was charged with unlawful possession of methamphetamine, and unlawful possession of marijuana, both unclassified felonies which carry an imprisonment sentence between 5 to 10 years, a fine between $5,000 and $20,000, or both.

But under a plea agreement with the government, accepted by the court, he pled guilty to the amended count of sexual assault, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both; and first degree sexual abuse, a class D felony, punishable by up to 5 years in jail, a fine of up to $5,000 or both.

The defendant admits that between January and August 2018, he sexually assaulted his 16-year-old stepdaughter at their home and other places including his work place in Tafuna and also inside his vehicle. He claims they had a consensual sexual relationship that lasted about ten months.

When given the chance to speak, the defendant apologized and said he’s truly remorseful for what happened; adding that he wants to return home so he can find a job to care for his wife and children.

He also apologized to his wife and children especially to the victim, his stepdaughter for violating the trust that was given to him to be the father and the leader of the family. The defendant admitted to the court that he had a drug problem and that caused a lot of trouble for him and to his family.

His drug problem led him to the darkness which almost cost him his life during another incident when he was brutally beaten up by two men during a drug deal in May of 2018.

The defendant’s wife was present in court during his sentencing.

The defense attorney requested probation, saying that despite the seriousness of the crime, his client deserves a second chance to return home. He went on to say that the defendant’s wife and daughter (the victim) want him to return home and reunite with the family.

The prosecutor asked for a maximum sentence, saying the defendant committed a serious offense that will affect the future of the young victim. The government’s attorney said the sentence would send a strong message to the community that the court will not tolerate this type of behavior.

The government’s attorney reminded the court that pursuant to the plea agreement between the two parties, the government asked for dismissal of the most serious offense of unlawful possession of methamphetamine and unlawful possession of marijuana.

Furthermore, the government believes that a long period of detention is a suitable sentence for this matter.

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

According to the court, the defendant engaged in a sexual relationship with his 16-year-old stepdaughter, and his actions were severe and unspeakable. With regards to the defense’s claim that the victim and her mother had agreed to allow the defendant to return home, the court said that they are not persuaded about that statement.

In fact, the court believes the defendant is a danger to the family and he needs to stay away from the victim. The court further stated that their decision will reflect what the court feels is better for the victim and the community.

Committing sexual acts against minor children is one of the more serious offenses in American Samoa, the court noted, saying it will do everything in its authority to make sure anyone who commits these crimes be held accountable for their actions.

After reviewing the Pre Sentence Report (PSR) including the defendant’s history, the court said it was unsure why the government didn’t initially charge him with Domestic Violence, which is a more serious offense, a class B felony, that carries a longer jail term.

The defendant was sentenced to 7 years imprisonment and a $2,000 fine for sexual assault; and 5 years and a $2,000 fine for first degree sexual abuse. The sentences are to run concurrently, meaning he will serve 7 years behind bars.

The court ordered that the defendant’s sponsor is responsible for paying the $2,000 fine within 6 months.

BACKGROUND

The matter came to light after police were notified on August 30, 2018 about the defendant assaulting his wife after the wife confronted him regarding the sexual relationship with her daughter that carried on for over 10 months.

Several police officers responded to the call and met up with the defendant’s wife sitting in front of their house crying.

When questioned by police, the defendant’s wife stated that her husband assaulted her and her daughter inside the house.

The defendant reportedly punched his wife in the face multiple times, and then threatened to shoot her if she called the cops. The stepdaughter told the defendant to stop assaulting her mother but the defendant pushed his stepdaughter to the ground before punching her in the face and kicking her in the back. He also told his stepdaughter to stop spreading rumors that they are in a sexual relationship.

After the beating, the defendant jumped into his vehicle and left the house and reminded his wife and stepdaughter that he would shoot them and their whole family if they contacted the authorities.

When asked about the reason of the domestic dispute between her and her husband, the wife told police that her husband was disappointed when she confronted him regarding his sexual relationship with his stepdaughter.

She said the sexual relations between her husband and her daughter started in the beginning of 2018 and she confronted her husband several times about it, telling him to stop what he was doing but he kept insisting that nothing was going on.

According to the wife, she called a family meeting with her husband and her daughter after the girl told her about her stepdad's behavior towards her. During the meeting, the defendant admitted to having a sexual relationship with his stepdaughter and he asked his wife to forgive him, telling her he would not do it again.

According to the victim, it was January of 2018 that her stepdad came into her room while she was asleep and touched her sexually. He also kissed her and told her that he wanted to make love to her. She pushed him away and told him that she would talk to her mother about his action.

The next morning, the victim told what happened to her mother, and her mother confronted the defendant regarding the allegation, which he strongly denied.

One week later, the defendant went inside the victim’s room and raped her while she was sleeping on her bed, and that was when the sexual relationship between the defendant and victim started.

The following month, it was the same routine and the victim said she didn't want to do it, but her stepdad pushed himself on to her and eventually raped her.

When confronted by police, the defendant admitted to having a sexual relationship with his stepdaughter, who was then 16, saying it was consensual.