Pago Pago, AMERICAN SAMOA — While supportive of the spirit of a Senate bill calling for the chemical castration of convicted sex offenders, Attorney General Talauega Eleasalo Ale says the government lacks resources to carry out such task.

However, he suggested amending current laws by imposing a much longer jail term, even life in prison, for convicted sex offenders, and disqualifying them from being paroled or placed on probation.

Talauega, along with Deputy Police Commissioner Falanaipupu Ta’ase Sagapolutele and head of the LBJ hospital pharmacy, Evelyn Fa’aiuaso appeared last Friday for a Senate committee hearing where Sen. Tuaolo Manaia Fruean noted that the increase in these types of cases on a small island with so many churched, is like “Sodom and Gomorrah”.

In his opening remarks, Talauega said the spirit of the proposed law is good; however, he has concerns over implementing such a measure if it becomes law.

He acknowledged that Guam and some US states have enacted similar laws, but he is concerned that “we don’t have sufficient resources” to achieve the goal of the bill. He wondered out loud if the Senate conducted research into the cost of prescribed drug(s) used for chemical castration, and implementing such a program, because the bill makes no mention of the cost.

He said the government might not have sufficient finances to purchase these drugs, and there is concern for the effect the procedure will have on the health of the person who will be required to undergo chemical castration.

The bill is not clear on the “revenue source” to carry out other provisions of the bill, he said. For example, the bill calls for a medical evaluation as well as a psychological or psychiatric evaluation of the convicted offender. But such service is provided by a licensed physician and there is no funding source identified in the bill to hire physicians.

“The infrastructure that we need in order to execute this [proposed law], in my opinion, is not sufficient” when it comes to financial resources, he said, but noted several times during the hour-long hearing that he personally is very disturbed and concerned with a high number of sex assault cases against females - especially “our children”.

Talauega pointed to the bill’s preamble, citing a recent case where a man is accused of raping his 13-year biological daughter, who reported it to her mother, who didn’t believe her. And the victim reported it to the school, which “did nothing”. 

Talauega said the community including parents should be more responsible in their duties to report to authorities such matters in order to protect the children. He said it is very important that the community - including victim’s advocates, parents, and schools - work together to combat this serious issue.

He reminded senators that “It takes a village to raise a child”. Therefore, it's everyone’s responsibility to report to authorities these types of incidents.

According to the bill, the Department of Public Safety and the Territorial Correctional Facility are responsible for establishing a chemical castration - the Hormone Anti-Androgen Treatment - program for persons convicted of a sex crime who are eligible for, or sentenced to, parole or post-incarceration supervision.

The  purpose of the program is to reduce the risk of re-offending after release on parole or post-prison supervision by providing each year, certain persons, convicted of sex crimes who are deemed medically appropriate for the program, with hormone or anti-androgen, such as medroxyprogestrerone acetate or its chemical equivalent, treatment

When asked if the drug(s) to implement the treatment program is at the hospital, Fa’aiuaso said yes - referring to medroxyprogestrerone acetate - which she says is not new, already approved by the US Food and Drug Administration and currently used as part of medical treatment for female patients.

It’s a “contraception”, she said, adding that there are adverse affects for the use of this drug for treatment that can also be used for males.

She said the drug is effective in reducing a person’s “sexual drive”.

As the previous head of the DPS Criminal Investigation Division, Falanaipupu was asked by Tuaolo for information on why there are so many people committing this “sin” - referring to sex assaults against women and children. And if the CID had researched it.

Falanaipupu said that over the years, one of the common responses from those accused is "the devil made me do it" (fa’aosooso i latou e le tiapolo).

Tuaolo, who chaired the hearing and is a retired associate judge, said there are way too many cases of children becoming victims of sexual assault. He cited a Samoa News story last Wednesday, where an uncle is charged for alleged sexual acts with his niece.

Tuaolo said if you look into or research a place with so many churches, “you will find it on this island, where the World of God is preached”. But, the actions of some people are those of “Sodom and Gomorrah,” he added, noting that solutions should be identified to address this serious problem.

With regards to the issue of financial resources to carry out the many provisions of the proposed law, Tuaolo told the AG, “that's the responsibility” of the Fono - to look for funds.

Sen. Magalei Logovi’i said the question that comes to mind is whether it’s the “person’s hormones” that are causing them to sexually assault their victims, or whether “drugs, alcohol or something else” contribute to it.

Falanaipupu confirmed that many of the suspects questioned in these cases - over the years -  were intoxicated and/or high.

When Magalei asked if those accused of such crimes are American Samoans or from neighboring islands (“motu tuaoi”), Falanaipupu said many of the cases involved individuals from neighboring islands. (No specific island was mentioned by name).

Responding to Sen. Tuiagamoa Tavai’s questions, Talauega said most of the sex related charges are felonies and sentencing is already set by law. He said that perhaps, if the sex offender is given a term of life in prison, that person will no longer be allowed out in the community and won’t re-offend.

Talauega said the Fono can pass legislation, which would amend current law, increasing  the jail term for convicted sex offenders, especially cases involving children, and prohibit convicted sex offenders from qualifying for parole or probation.

There is no question when it comes to the “effectiveness of the law” that will send a convicted sex offender to a much longer jail term, because this is “guaranteed” under the law, he said.

He said the “effectiveness” of a drug - through the chemical castration treatment - to be taken by a sex offender, is questionable because - among other things - “we don’t know if the person will take it, or if it works on this person”.

Tuiagamoa supported the idea of amending the sentence for convicted sex offenders and said he believes the chemical castration bill is “too cruel, too harsh.”

The Senate committee plans to hold further discussions on the measure before making a final decision.