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Eleven year old boy alleged victim of child molestation, assault

reporters@samoanews.com

Detectives with the Criminal Investigation Division (CID) have arrested a 22- year old man from Fagasa, who is accused of forcing an 11-year old boy to perform oral sex.

Juby Kolio, also known as “Junior” is  being held in police custody with a “No Bail” status. He made his initial appearance in the District Court yesterday.

Kolio is charged with child molestation, sodomy with a child, endangering the welfare of a child and third degree assault.

Child molestation is a class A felony which is punishable by up to ten years in jail. The sodomy count is a class B felony which carries a jail term from five to 15 years, while endangering the welfare of a child and third degree assault are both class A misdemeanors punishable by imprisonment of up to one year, a fine of up to $1,000 or both.

According to the government’s case, on July 25, 2012 police received a call from the Child Protective Services with the Department of Human and Social Services about a possible sexual case involving a minor.  

Court filings state Social Services received a call about an 11-year old boy being forced by Kolio to perform oral sex on him (Kolio), and the next day detectives with the CID investigated the matter and met with the victim and his father.

The victim told police, in the presence of his father, that around April 2012, close to Flag Day, he was sent by his father to help prepare the umu.

“As the victim was placing the rocks into the umu, Kolio called out to the victim to stop what he was doing and come under the tree.

“The victim walked over to where Kolio was and Kolio told him to perform oral sex on him.”

The victim said he refused, and Kolio told him a second time. While Kolio was telling the victim for the second time, Kolio pulled down his shorts showing his private parts and told the victim to perform oral sex on him (Kolio) or he would beat him up.

Court filings state that Kolio told the victim three times, then finally the victim, who told investigators he was scared, did what Kolio wanted him to do.

The government claims the second incident occurred on July 17, 2012 in the morning, when the victim went to help cut the grass. Kolio called out to the victim, and told him to come into the Matai’s house.

The 11-year old victim followed Kolio into the house and Kolio told him to sit down. Kolio proceeded to pull down his pants and demanded the victim perform oral sex on him (Kolio).

Court filings stated the victim refused and Kolio told him “if you don’t do it I’ll beat you up”, however the victim still refused, then Kolio slapped the victim three times on his cheek. Then the victim gave up and performed oral sex on Kolio.

According to the government’s case, Kolio stopped the victim when the defendant’s cousin walked into the house.

The cousin told police he doesn’t remember what day it was, but he knows when he got to the Matai’s house that Kolio and the victim were both there.

Court filings state the cousin jokingly told Kolio “you made this boy perform oral sex on you” and Kolio laughed and left the Matai’s house.

According to the government’s case, the cousin then turned to the victim and asked him if Kolio had made him do oral sex. The victim replied “a little”.

Police questioned the defendant about the incident and Kolio admitted that he forced the victim to perform oral sex on him (Kolio) twice.

The defendant is scheduled to have his preliminary examination on Friday. The PX is a probable cause hearing for the District Court to determine whether the government has sufficient evidence to have this matter proceed to the High Court.

The defendant is represented by Assistant Public Defender Karen Shelley while prosecuting this matter is Assistant Attorney General Camille Philippe.



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