Pago Pago, AMERICAN SAMOA — The case against a man accused of sexually abusing his 16-year-old niece was filed in Court last month. During his arrest, cops allegedly discovered drugs in his possession and inside his vehicle. The 39-year-old uncle, made his initial appearance last month.

He is charged with one count of unlawful possession of methamphetamine (meth) and one count of unlawful possession of marijuana, both unclassified felonies, along with two counts of first-degree sexual abuse, a class D felony; and two class A misdemeanors: third-degree assault and endangering the welfare of a child.

The defendant is on probation for 5 years after being convicted for unlawful possession of meth in 2017.

Bond is set at $25,000.

If released on bond, defendant is to abide by standard conditions, in addition to finding someplace else to stay, as the alleged crime took place in the same compound where the defendant, and the victim and her family reside.

Defense attorney informed the court that his client can reside with his brother and his family, who did not live in the same village or area.

THE CASE

On the morning of Nov. 10, 2021, the mother of the alleged victim called police to report that her 16-year-old daughter had allegedly been sexually abused by a man who is well known to their family as a taxi driver. The man was later identified as the victim’s uncle, the defendant in this matter who also lived with his family 100 yards away from the victim’s family.

The minor victim was interviewed by police in the presence of her mother. Her father was unaware of the situation because he was at work when the alleged incident occurred. The victim told police that it’s been two months now since the suspect sexually abused her on three different occasions.

She recalled the first incident which took place while she was asleep one evening in her room. Windows to her room were open because it was hot and she opened them to let in fresh air. She said at first, she thought it was a dream, but she awoke to the defendant touching her inappropriately through the open windows.

The victim said she screamed and yelled out for her mother, causing the defendant to run in the direction that his house located. He then started his vehicle, which was parked in front of his house and and left.

The victim also claimed that one week after the first incident, while she was sitting outside, she felt someone touching her inappropriately from behind.. She said she turned around and saw the defendant standing behind her. When she asked him about what he did, the defendant just laughed without saying a word. According to the victim, the defendant was drunk that night.

On another occasion, she said she was sleeping when she felt something heavy on her. She said she woke up and saw the defendant trying to lie on top of her. She said she pushed him off and yelled out to her family, causing the defendant to run out and head back to his house. The government claims that there were times when the defendant confronted the victim and gave her money, which the victim did not accept.

According to the victim’s mother, it was her 21-year-old daughter who caught the defendant inside the victim’s room on the night of a prior incident.

The defendant was not at his house when officers went looking for him and his wife told officers that he was driving his taxi and he sometimes sleeps over at the taxi stand. Officers tried to locate the defendant but he was nowhere to be found.

Last month, the defendant was apprehended at his younger brother’s house in Kokoland and was transported to the Tafuna Police Substation (TPS) for questioning. Before he was transported to the TPS, he was patted down for weapons. During the body search, officers discovered a glass pipe containing a white crystalline substance, inside the defendant’s pocket.

Officers also searched defendant’s vehicle and discovered one hand rolled cigarette (joint) inside the vehicle.

When questioned by investigators regarding the alleged sexual abuse, the defendant said it was the victim who asked him to come to her room. He further claims that it was the victim who forced him to touch her body inappropriately.

According to the defendant, he felt bad about what happened between him and the victim, because the victim’s family treats him like a family member.

When questioned about the drugs found in his possession and inside his vehicle, the defendant said the drugs belonged to a passenger that he had dropped off at the Laufou Shopping Center. After the passenger exited his vehicle, he observed something lying on the floor under the passenger’s seat and when he picked it up, he discovered it was a glass pipe containing a white crystalline substance and one marijuana joint.

He said he put the glass pipe inside his pocket and left the joint on the floor under the passenger’s seat.