Two charged for rape, sexual abuse of 12-yr old girl
Detectives with the Criminal Investigation Division arrested two men charged with felony counts in connection with a sexual case involving a young girl in two separate cases.
The two men made their initial appearances in the District Court earlier this week before District Court Judge Elvis Patea.
According to the government’s case, the incidents came to light when the victim ran away from home.
Court filings state that on March 8, 2012 the victim’s cousin walked into the Central Police Station filing a complaint that the victim, who was later identified as a 14-year old female, had run away home five days earlier.
The cousin who filed the missing person’s complaint gave police a tip on the whereabouts of the victim, who was staying at a deserted building in Pava’ia’i. Police proceeded to the place in question and found the victim, where they asked her why she had run away from home.
She told police she did not wish to return home because her brother always beats her if she did something wrong. The victim also told police that a sexual incident had started between her and “John” also known as Lemisio Taetuli when she was 12 years old.
The victim further told police that her uncle, who was 32 years old, always touched her inappropriately and forced her to have sex with him.
Samoa News is withholding the uncle’s name to protect the identity of the victim.
Taetuli who’s being held on bail of $50,000 is charged with rape, sodomy with a child, deviate sexual assault with a child, sexual abuse first degree and endangering the welfare of a child.
The rape and sodomy counts are class B felonies which are punishable by imprisonment for five to fifteen years in jail; the deviate count is a class C felony which carries a jail term up to seven years and a fine of up to $20,000 or both.
The sexual abuse charge is a class D felony and is punishable up to five years, a fine of $5,000 or both, while the endangering the welfare of child is a class A misdemeanor and is punishable by up to one year in jail, a fine of up to $1,000 or both.
According to the government’s case, between August 2009 and February 2012 Taetuli performed oral sex on her and they had sexual intercourse on many occasions.
According to court documents, Taetuli is the victim’s neighbor and family friend, and that a police officer, who is also Taetuli’s neighbor told the investigating officer that Taetuli told the officer he had had sex with the victim.
Court documents say the victim told police that when she was an eighth grader the defendant forced her to perform oral sex on him in the bathroom, causing her to vomit, then afterwards gave her $20 and told the victim not to tell anyone.
According to the government’s case the defendant then had sexual intercourse with the victim many times, either in the bathroom or in Taetuli’s bedroom. The victim told police the last time she had sexual intercourse with Taetuli was February 2012.
Court documents state that when police questioned Taetuli, he admitted to police that he had oral sex and sexual intercourse with the victim when she was 12 years of age. It’s alleged he also admitted that he gave the victim money after they had sexual intercourse or oral sex.
Taetuli is alleged to have told police that the last time he had sex with the victim was during holiday school break in 2011.
In the government’s case against the uncle, the victim told police that between September and November 2009 she felt someone touching her breast while she was sleeping. The victim said when she woke up she saw her uncle touching her inappropriately, and then she woke her grandmother who was sleeping next to her.
The government claims, when the grandmother woke up, the uncle was still sitting on the bed, and he apologized for his actions to the victim and grandmother, however the grandmother scolded him and chased him out of the house.
According to the government’s case, the second incident occurred between August and September 2010, where the uncle forced the victim to have sexual intercourse and they continued to have sexual intercourse many times after the second incident.
The victim told police the last time she had sex with the Uncle was in January 2012.
According to the government’s case the uncle initially denied having sexual intercourse when police contacted the uncle, who spontaneously said he had only touched the victim’s breast several years back.
But, eventually the uncle admitted to having sex with his niece in January 2012. The uncle who’s held on bail $25,000 is charged with rape, sexual abuse first degree and endangering the welfare of a child.
The rape count is a class B felony punishable from five to 15 years in jail, the sexual abuse charge is a class D felony which carries a jail term of up to five years in jail a fine of up to $5,000 or both, while the endangering the welfare of a child is a class A misdemeanor punishable up to one year in jail, a fine of up to $1,000 or both.
The defendants are both represented by the Public Defender’s office while prosecuting are Deputy Attorney General Mitzie Jessop and Assistant Attorney General Camille Phillippe.
The preliminary examination hearing for the defendants are scheduled later on this week.