Woman charged with deviate sexual assault on teenage boy
A 30-year-old woman has been charged with attempted deviate sexual assault and endangering the welfare of a child, on allegations that she touched a 13-year-old boy inappropriately.
Ekelagi Ofagalilo was arrested Thursday afternoon and made her initial appearance in the District Court Friday morning. Bail for Ofagalilo of Leone is set at $5,000, and she is represented by Acting Public Defender Leslie Cardin while prosecuting is Deputy Attorney General Mitzie Jessop.
The attempted sexual count is a class D felony punishable by up to five years in jail, a fine of up to $5,000 or both, while the endangerment count is a class A misdemeanor punishable with up to one year in jail, a fine of up to $1,000 or both.
It’s alleged that on Jan. 5, 2013 a complaint was launched against the defendant at the Leone Substation, which alleged the defendant had touched a young boy inappropriately.
Court filing says the complaint was filed by the victim’s mother who told the police that she was surprised when her children returned home from swimming and reported that Ofagalilo had allegedly attempted to touch her son’s private parts and also pulled down his shorts and grabbed his buttocks.
Police spoke to the 13-year-old who said that the incident occurred when they went swimming with his older sister in Leone and there were other people swimming in the same area, along with the defendant. According to the government’s case, the victim was standing on the rocks in an attempt to jump into the ocean when Ofagalilo called out to the victim if he was gay and the victim replied no.
It’s alleged that Ofagalilo then called out to the victim to jump into the ocean so she could touch his penis to see if it’s true that he was not gay. It’s alleged that the victim did not respond to the defendant, who then called out to the other boys who were next to the victim to push the victim into the ocean so she could touch him.
Court filings says the other boys on the rock pushed the victim into the ocean and when the victim fell into the ocean, the defendant swam towards him. However, the victim swam away to avoid the defendant who kept chasing him in the water, saying to him that she wanted to touch him.
The victim said he was surprised and alarmed when the defendant jumped on his back and wrapped her arms around him tightly and told him “let me touch you” referring to his private parts. The victim said he yelled at the defendant to stop but she would not stop.
The victim said he used both his hands to cover his genitals area and tried to maneuver his body in an attempt to get her off his back. He further claimed that he could feel the defendant touching his hands that was covering his private parts.
Court filing says the victim managed to get away from the defendant after she grabbed the victim’s shorts and pulled them down and grabbed his butt. The victim said he was scared. Police spoke to the 30-year-old woman who admitted that she jumped on his back but that was because they were playing rugby.
Ofagalilo said she grabbed the elastic part of the victim’s shorts but denies pulling them down and she also denied that she asked to touch the victim on his private parts and further denied that she touched the victim’s buttocks.
The defendant’s preliminary examination is scheduled for next week. Judge John Ward informed her that this is not a trial but a hearing where he will determine if the government has sufficient evidence to have this case bound over to the High Court for other court proceedings or disposition.
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