The Lady Naomi sailor who was arrested in December 2012 in the territory in connection with allegations of statutory rape onboard the vessel as it traveled to American Samoa has been sentenced following his guilty plea in Samoa’s Supreme Court.

Feagaiga Si’ilata was first charged here in the territory, however, the local Attorney General’s office moved to dismiss the charges after an investigation revealed the crime had occurred In Samoa’s waters. Following the dismissal, Samoa’s Supreme Court Chief Justice, His Honor Patu Tiava’asu’e Falefatu Sapolu issued an arrest warrant in the name of Feagaiga Si’ilata, to be tried in Samoa. Samoa News has been following this matter since the defendant was taken back to Samoa last year.

Last month Si’ilata appeared in court in Samoa for sentencing on one count of carnal knowledge, commonly known in American Samoa as statutory rape. The sentencing in Samoa’s Supreme Court was handed down by Justice Ida Malosi.

According to the sentencing report obtained by Samoa News, Si’ilata had been working on the Lady Naomi vessel that was traveling between the two Samoas. On Dec. 27, 2012, the victim, a young girl,  was on board, sailing back to the territory with her family. She was 15 years old at the time.

She became seasick in the wee hours of the night and when she went on deck to vomit, the defendant tried to help her by getting water. He then enticed her below deck to his room where shortly thereafter they had sex twice. At one point the victim said she was worried about getting pregnant, and the defendant responded by going into another room and returning with a condom.

At this time an announcement came over the ferry loudspeaker, indicating a search was taking place for the girl. The report says that once the ferry docked in American Samoa the mother reported the matter to the local police and the defendant was held in custody from that point on until March 2013.

According to the sentencing report, Justice Malosi said prosecution and the probation office were unsuccessful in making any direct contact with the victim or the family since the offense had taken place, but probation had been able to verify with the Captain of the Lady Naomi that on the day of the incident the defendant had apologized to the victim and her mother, and the apology was accepted.

The report says the prosecutor and defense counsel both referred the court to a number of sentencing decisions with similar facts. “Even so, the range of sentence varies significantly, which reinforces the point that in the absence of any tariff case for this offense, each situation will turn on its own facts.”

“There can be no doubt that the defendant must be held accountable for this offending, and that the court must be mindful that parliament saw fit to make sexual intercourse with a girl aged between 12 and 16 years an offense, even when that young girl supposedly consented to it.”

“As we know young girls in this cohort are often vulnerable and highly impressionable. This law is designed to protect them even when they do not consider they need such protection,” said Justice Malosi.

She further stated that under the Crimes Act the maximum penalty for this offense has increased to ten years imprisonment, and the defendant is lucky that he was not caught by that legislative change.

“I find it a particularly aggravating feature of this offense that the defendant took advantage of his position on the ferry, which must surely have involved attending to the welfare and safety of the passengers. He failed miserably in that regard,” said Justice Malosi.

The report says that Justice Malosi pointed out the offense was premeditated not only in a sense that he targeted this young girl when she was vulnerable through her sea sickness, but also the fact that he was prepared for sexual intercourse by having ready access to a condom.

Justice Malosi said that to suggest — through his counsel — that the defendant was simply trying to help the girl by taking her to his room is “simply ridiculous”.

All of the circumstances of this case point to the defendant having only one thing in mind and that was to have sexual intercourse with this girl. She further stated that the court has taken into account the age difference between the defendant and the girl, which is ten years. Justice Malosi stated that she considered a starting point of two years imprisonment to be appropriate.

Mitigating factors in this case are that the defendant is 26 years old, single and unemployed as a result of this offense; he’s the eldest of seven children and has been a good role model with no criminal record, and is his mother’s right hand since his father’s passing in 2009.

Justice Malosi said the defendant is a dedicated man to his family, his church and his village. The defendant’s family was also penalized — which included 20 boxes of tin fish, a large sow (pig) and fine mats equaling a total cost of $4,500 Samoan Tala.

Justice Malosi said for the defendant’s guilty plea she has deducted six months, and another nine months because she had no doubt the defendant was truly remorseful and ashamed of his actions, bringing the end point to nine months imprisonment. “Young girls when traveling on public transportation are entitled to be safe. This sentence of imprisonment should send a clear signal to employees of their duty to ensure that.”

Samoa News points should point out that last month a family member of the victim contacted Samoa News, asking if there was any information from Samoa regarding this matter. Samoa News reached out to Deputy AG Mitzie Jessop who stated that she’s been working with Samoa’s Attorney General’s office on this matter.

Last month the Deputy AG assured Samoa News that this matter did go through the court in Samoa, and the defendant was sentenced last month.