Man ordered to sign up with sex offender register after sentencing
Pago Pago, AMERICAN SAMOA — The man who spent 9 months in jail for touching a woman in a sexual manner is a free man now. Alfred Toke was released from the Territorial Correctional Facility (TCF) last week, following his sentencing by the court.
Toke was initially charged with attempted rape and 1st degree sexual abuse, both class C felonies, punishable by a jail term of not more than 7 years, a fine of $5,000, or both.
Under a plea agreement with the government, Toke pled guilty to the amended charge of attempted sexual abuse in the 2nd degree, a class A misdemeanor, punishable by imprisonment of not more than one year, a fine of not more than $1,000, or both.
With his guilty plea, Toke admits that on Jan. 7, 2020 he touched a woman without her consent, to arouse and gratify his sexual desires.
During sentencing, the defendant’s attorney asked the court for a probated sentence, saying that his client has served almost 10 months in prison.
The government’s attorney asked for Toke to register as a sex offender as a condition of his probation. However, the defense attorney told the court that his client should not be ordered to register as a sex offender since he was convicted of a misdemeanor — the victim was not a minor child.
The court disagreed. The court told the defense attorney that the statute is clear, whether a misdemeanor or a felony, once a person is convicted for any sexual violation he or she has to register as a sex offender.
Toke was sentenced to a term of probation of one year. As a condition of his probated sentence, he was ordered to serve a period of detention of 6 months, he was credited for the 8 months he served while detained in prison to await the outcome of his case.
He was further ordered to register as a sex offender, and he has to remain law abiding throughout his probation period.