Pago Pago, AMERICAN SAMOA — The man accused of sexually abusing his 13-year-old niece is now in custody after being arrested by police last week.

[To protect the identity of the victim, Samoa News will not identify parties involved.)

The defendant made his initial appearance before District Court Judge Gwen Tauiliili-Langkilde this week.

He is charged with one count of felonious restraint and one count of 1st degree sexual abuse, both class C felonies, punishable by a term of imprisonment of up to five years, a fine of not less than $150 not more than $5,000, or both; along with one count of endangering the welfare of a child, a class A misdemeanor.

Bail is set at $20,000 and the defendant is scheduled to appear in court next week for his preliminary examination (PX).

THE CASE

Around 5p.m on Oct. 22, 2021 Leone Police Substation (LPS) contacted a police captain of the Criminal Investigation Division (CID) regarding a possible sexual abuse case involving a minor. Information received by the police captain was that both victim and the defendant were already at the LPS awaiting the arrival of CID investigators.

CID investigators proceeded to LPS and met up with the victim, later identified as a 13-year-old girl. She is identified in the affidavit as C.V.

Based on the information provided to investigators, the victim’s grandmother is the defendant’s aunt.

According to C.V,’s verbal statement to investigators, an incident with her uncle (defendant) happened in the evening of Oct. 21, 2021, at their home. She stated that she had just finished school around 2p.m and when she got home changed her clothes, her grandmother told her to get her a bottle of water in her bedroom.

C.V. stated that when she got to her bedroom, the defendant entered and started forcing her to kiss him and he held her hands to stop her from leaving the bedroom. The victim stated that her Uncle pushed her onto her grandparent’s bed and continued to sexually abuse her.

According to the victim, she told the defendant to stop before her grandmother come inside the bedroom but the defendant did not stop.

The victim also told investigators that she was too afraid to tell her grandmother because when she had previously complained about him to her grandmother, her grandmother didn’t believe her and told her not to be cheeky to the defendant.

The victim further stated to investigators that there were other times the defendant attempted to touch her in a sexual manner but she always tried to avoid his actions by going to her grandparent’s bedroom.

The defendant was Mirandized and agreed to waive his rights and made a statement to investigators about what happened. He also provided a written statement in support of his verbal statement to investigators.

According to the defendant, he admits the allegation that he allegedly sexually abuse his niece over a period of time. According to him, the incidents between him and V.C. happened multiple times and he doesn’t remember the exact dates. He stated to investigators he had been living with his aunt (victim’s grandmother) from Aug. 16, 2021 to present.

He went on to describe the incidents as horseplay and that C.V. would even come to his room sometimes late at night and wake him up to hang around with her. He said the horseplay would always end up with him kissing her on the lips and touching her inappropriately.

In two other incidents, which includes the latest one, the defendant alleges that C.V initiated the ‘horseplay’ inside her grandparent’s room. Both times it ended with him sexually abusing her.

The defendant was booked and later transported to the Territorial Correctional Facility (TCF) to be confined.