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Man faces multiple sex charges for allegedly raping his stepdaughter

American Samoa District Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Police have arrested a 28-year-old man for allegedly raping his 13-year-old stepdaughter at their home on the west side of the island multiple times.

James Fa’aleo was taken into custody on Monday, and he made his initial appearance before District Court Judge Fiti Sunia Tuesday morning.

Fa’aleo faces 27 charges including 5 counts of rape and one count of sodomy — all class B felonies, punishable by 5-15 years; 10 counts of 1st degree sexual abuse and 5 counts of incest - all class C felonies that carry a punishment of up to 7 years in jail and a  $5,000 fine, or both; and 6 counts of endangering the welfare of a child - a class A misdemeanor, punishable by up to one year behind bars and a fine of $1,000 or both.

Judge Sunia has established Fa’aleo’s bond at $200,000.

If he posts bond, the court has ordered the usual mandates, including that he has to surrender his travel documents to the government’s attorney, and not make any direct or indirect contact with the victim at any time.

Prosecuting the case is Assistant Attorney General Christy Dunn, while Assistant Public Defender Anna Wells is representing Fa’aleo.

During his initial appearance, Fa'aleo's attorney argued a verbal motion for bail reduction, which was denied.

Wells told the court the case against her client is just an accusation, and her client is still innocent until proven guilty beyond a reasonable doubt. Despite allegations against her client, Wells said Fa'aleo is not a danger to society, nor a flight risk.

Prosecutor Dunn opposed the motion saying based on the allegations, the bond established is reasonable for this case.

Dunn pointed out that the victim is only 14, and she is the defendant’s stepdaughter. She added that Fa'aleo is a flight risk and a danger to the community.

Fa’aleo is scheduled to appear in court next Thursday for a preliminary examination.

THE CASE

The alleged incident was reported to police this past Monday, Nov. 26, after Fa'aleo's wife called police for assistance, claiming that Fa’aleo assaulted both her and her daughter (victim) inside their home.

According to the government, an alleged domestic disturbance occurred on Sunday, Nov. 25 when Fa’aleo came home and allegedly assaulted his wife by punching her in the face multiple times. He also allegedly threatened to kill her if she called police.

He also is alleged to have assaulted his stepdaughter by pushing her to the ground, punching her in the face and kicking her in the back.

After the alleged beating, Fa’aleo took his wife's cell phone and left the house. At the same time, he kept reminding his wife that he will come back and kill her if she notified authorities.

The defendant did not return home Sunday night.

On Monday morning, Nov. 26 while riding the bus, Fa’aleo’s wife saw him near the Vailoa boat shed. She got off the bus and approached him, wanting to get her cell phone back.

When Fa’aleo refused, another verbal argument between the couple started; and the woman called police and both of them were transported to the police station.

During questioning, Fa’aleo’s wife told police that aside from assaulting her, Fa'aleo also assaulted her now 14-year-old daughter and engaged in a sexual relationship with the minor.

According to the woman, the sexual relations between her husband and her daughter started in the beginning of this year. She said she confronted Fa’aleo several times and asked him to stop what he was doing, but he kept telling her that nothing was going on.

The wife said she called a meeting between her, her husband and her daughter after the little girl told her about her stepdad's behavior towards her.

During that meeting inside the family’s home, Fa’aleo admitted to having a sexual relationship with his stepdaughter and he asked his wife to forgive him, telling her he will not do it again.

When police interviewed the girl, in the presence of her mother, she confirmed everything in her mother's statement.

The victim said that earlier this year in April, Fa’aleo touched her breast and her private parts numerous times. He also kissed her and told her that he wanted to make love to her.

According to the girl, she told Fa’aleo that she didn't not know what he meant by “making love” but Fa’aleo told her there is nothing to worry about, he will teach her.

In May of this year, according to the victim, Fa’aleo touched her breast and her private parts numerous times. That's also when Fa’aleo demonstrated to her how to perform sexual acts.

In the following month, it was the same routine. But the girl told police this was the time she and Fa'aleo had sexual intercourse for the first time.

She said she didn't want to do it, but her stepdad pushed himself on to her and eventually raped her.

The following week, the girl said Fa’aleo continued to come on to her and they had sex every other day, every week and this continued from June until September.

When confronted by police, Fa'aleo agreed to make a statement and he admitted to having a sexual relationship with his stepdaughter, who was 13 when it all started.

He said the sexual relationship was consensual.