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Taxi driver charged for alleged sexual abuse of a 16-yr-old girl — He claims she invited him to her room

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 38-year-old taxi driver accused of sexually abusing his brother-in-law’s niece was arrested after the victim’s mother filed a complaint with police.

Ofisa Tolai made his initial appearance in District Court last week. Bond is set at $10,000.

He is charged with one count of sodomy, a class B felony, punishable by imprisonment of 5-15 years; and one count of 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.

Prosecuting the case is Assistant Attorney General Laura Garvey, while Assistant Public Defender Bob Stuart is representing the defendant.

Preliminary examination is next Friday, Oct. 4th.

THE CASE

It was around 8:32 p.m on Aug. 10th that the victim and her mother walked into the Tafuna Substation to report the alleged abuse. According to the victim’s mother, Tolai is her husband’s brother-in-law.

The victim, 16, told police that on the night of Aug. 11th, while she was at her grandmother’s house in Lepuapua, she heard Tolai and his wife arguing about Tolai’s drug habit. The victim said her grandmother’s house is close to Tolai’s home.

The victim said she was sleeping in her grandmother’s home when she was awaken by someone calling her name. She said she looked out the window and saw Tolai standing outside of her room, asking her to come out so they can talk.

The victim told police she told Tolai to go away before she calls her grandmother. But Tolai called out the victim’s name again, and asked her to come hang out with him in the living room. The girl said she did not respond but continued to lie in bed.

The victim said she was surprised when she awoke and saw Tolai lying on her hand, while his hand was touching her chest and her private parts.

The victim said she sat up and tried to push Tolai away, and at the same time screamed out loud; however, Tolai was too strong and continued to lay on her, stroking her sexually on her chest and her private parts.

The victim was finally able to push Tolai away and walk out of her room. But Tolai followed her and tried to stop her from leaving the house. He tried to grab her hand and begged her to go back in the room, while the victim was standing in the middle of the living room.

The victim said she exited the house and went to a relative’s home, to look for her grandmother, but Tolai followed her. The victim was able to locate her grandmother, who was sitting outside of the family guest house, and immediately told her about what happened.

As the victim was telling her story, Tolai showed up and tried to make funny comments, in an effort to change the subject. The victim’s grandmother confronted Tolai and asked him about what he did to the victim. Tolai denied everything the victim told her grandmother. The victim also confronted Tolai, who continued to deny any wrongdoing.

The next morning, the victim went home and told her mom about the incident. Not long afterwards, the two went to the police station to file a complaint. The victim told police this isn’t the first time Tolai has done this to her.

She said that two weeks prior, she was surprised when Tolai touched her shoulder and her butt in a sexually manner. He then told her that he wanted to talk to her in private. In a separate encounter, that same day, the victim said Tolai touched her chest while she was sitting on a couch inside the living room.

Police went looking for Tolai at his workplace but he was not to be found. A month later, police were able to make contact with Tolai and told him to come in to answer to the allegations against him.

During an interview, Tolai admitted to the allegations against him. According to him, when he entered the room, the victim was sleeping on her bed facing up. He then jumped on the bed, laid beside the victim, and sexually touched her chest and private parts.

Tolai claims that the victim asked him to come to her room when her grandmother left the house. He told cops that the victim did not scream when he touched her.