Pago Pago, AMERICAN SAMOA — A man is now in custody over allegations of sexual assaulting his 16-year-old niece who lives in the same house as the defendant. 

Samoa News is withholding names of parties involved in this case to protect the identity of the victim.

The defendant, a 37-year-old father of four children, is being charged with three counts of sodomy; three charges of 1^st-degree sexual abuse and 2 counts of 3^rd-degree assault.

The defendant made his initial appearance last month where the court established a $30,000 surety bond for his release. Conditions of his bail is that the defendant is not to have direct or indirect contact with the victim or government witnesses; surrender his travel documents to the government attorney, and he is not leave or attempt to leave the territory without a written order of the court.

THE ALLEGATION

The government claims that on June 12, 2022 the victim (who is named in the affidavit as ‘CM’, and her aunt walked into the Central Police Station and reported the sexual claims against the defendant.

The victim was interviewed by two CID detectives and it appears from the government’s case that the defendant and the victim lived in the same house in a village on the West side.

The victim told investigators that on Apr. 24, 2022 around 5:30a.m, the defendant woke up his niece to help him to prepare breakfast and iron her school uniforms and the defendant’s clothes. In the middle of her chores, the defendant approached the victim from behind and sexually abused her. Immediately after this alleged incident, the victim reported it to her aunt and in turn her aunt told the victim’s mother, who is in States. According to the government’s case the mother told her daughter to return to the States if it happens again.

The victim’s mother also called the defendant from States and scolded him for sexually abusing her daughter and the defendant immediately apologized and promised her that nothing would happen again.

Four weeks after the first alleged incident the victim did not go to school.

Before the defendant left the house for work, he knew that his niece was not going to school.

Around 10:30a.m, the defendant came back home and told the victim that he’s not feeling good and he wanted to stay home and help her cook food for their uncle.

The victim told investigators while she was bending down cleaning the floor in the kitchen, she was shocked when she felt someone touching her inappropriately.

It’s alleged the victim scolded the defendant, telling him to get out of the house, however the defendant was laughing.

The victim stopped cleaning the floor and walked into her room before she decided to go to the living room to watch TV.

While lying on the couch in the living room, the defendant came and sat down behind her. He allegedly tickled her and started kissing her but she slapped him and told him to stop. She then stood up, walked inside her room and locked the door.

The defendant used a spare key to open the door and made his way inside her room and found the victim lying on her bed, touched her inappropriately and eventually stopped. He then asked the victim for her forgiveness and also gave the victim $100 for her school fare and lunch. It was after this incident when the victim’s aunt kicked the defendant out of the house.

During an interview with police, the defendant strongly denied all the allegations, but after investigators informed him about the victim’s statement, the defendant then told his side.

According to the defendant’s statement, it all started at the end of 2021 when the victim came into his room and asked him if she could borrow money from him to send to her father in Samoa, and she told him she would do anything for him in return.

The defendant also said the beginning of this year when the victim approached him and asked if they could start a relationship. The defendant said he refused but blamed the victim for continuing to come to him.

The defendant further stated to investigators that on the day of the alleged incident, they had a conversation, and started kissing. The defendant admitted going to the victim’s bedroom where he performed more sexual acts on her. He further told police that the victim consented to the encounter.