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Bus driver gets 7 years for rape, his second sex offense in 3 years

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 25-year-old bus driver convicted of raping a young girl inside his shack has been jailed for 7 years. He apologized to the court for his action, and begged for a second chance to go back home and care for his mother, who is staying at home alone.

The sentence for Michael Sene was handed down by Acting Associate Justice Elvis P. Patea, along with Associate Judges Suapaia Pereira and Paepae I. Faiai.

Christy Dunn of the Attorney General’s Office, prosecuted the case while Acting Public Defender, Michael White represented the defendant, who has been held in custody since his arrest unable to post a $10,000 surety bond.

Before the court delivered its sentence, a Probation Revocation Hearing was held before Justice Patea, along with Associate Judges, Mamea Sala Jr and Tunupopo Alalaga, due to the fact that Sene had violated conditions of his probation from his first criminal conviction back in 2014.

When the case was called, White informed the court that Sene wished to waive his rights to a preliminary hearing, as stipulated to the violation. Furthermore, White stated to the court that his client has admitted he violated conditions of his probation when he failed to remain a law-abiding citizen. As a result, he has now been convicted of deviate sexual assault, a class D felony in his new case which is now before the court for sentencing.

When given the chance to speak, Sene apologized to the court for his actions. He also apologized to his village; his mother, especially to the victim and her family. Sene begged the court for another chance so that he can go back home and care for his elderly mother, who is staying at home alone.

“We are the only two individuals in our home. My mother is not here in court today (yesterday) because of her health… but I know for sure she’s praying for me and my case. Please, grant me a chance to go back home and be with my mother,” Sene asked the court.

His attorney told the court that Sene has been convicted of a serious crime by forcing himself on a young victim inside his shack. White said that since Sene has been in custody, he has told him during their several conversations that he’s remorseful and wants to go back home. White then asked the court that whatever sentence the court hands down for the two matters, he asked that the two sentences run concurrently.

The Prosecutor pointed out to the court that this is the second time the defendant has been convicted for the crime of having sexual intercourse with a young victim.

“He did this twice and it’s the same allegation and convictions. In his new case, he did it without the victim’s consent. It’s a serious offense and the defendant deserves the maximum sentence as required by law,” Dunn told the court.

She also asked the court to order the defendant to depart the territory upon release from detention, due to the fact that he was born in Samoa. However, Patea informed the government’s attorney that according to a report from the Immigration Office, the defendant has already been declared as an American Samoa citizen, due to his “one parent status”.

After reviewing facts of the case, submissions from both attorneys as well as the statement from the defendant, Patea delivered the court’s decision.

“Now, it has already been said that this is your second conviction for the same offense, which is of a sexual nature,” Patea told the defendant.

“For your first case back in 2014 where you were convicted of the crime of first degree sexual abuse, the court gave you a break. You were 22-years old at the time, and already an adult. And here we are, 3 years later, you’ve committed a similar offense.”

In his new case, where the defendant was convicted of deviate sexual assault, a class D felony, Patea sentenced the defendant to 7 years imprisonment.

In his first case, which was suspended 3 years ago, he’s now admitted to a probation violation, and the court revokes his probation. For this, the court ordered him to serve 5 years imprisonment. He will be credited for the time he has already served in jail.

That means the defendant has to serve 12 years at the Territorial Correctional Facility (TCF).

“The question is now before the court, if you’re going to serve these two sentences consecutively at TCF, 12 years is a long time. We’re also considering your young age, you’re only 25 years old. But in reviewing all the facts from your old case and your new case, we are now comparing your case to the many sexual cases coming before the court. We know that your case is a very serious case,” Patea told the defendant.

“Having considered all the facts, we feel that you’re going to serve your two sentences concurrently, meaning, you’re now going to jail for 7 years, not 12 years. You will also appear before the Parole Board in the future for your hearing.”

The defendant was also ordered to register as a sex offender, and undergo a mandatory HIV testing as require by law.

BACKGROUND

Sene was first convicted by the High Court in 2014 for 1st degree sexual abuse, a class D felony, and ordered to serve a period of detention of 20 months at TCF, as a condition of his 5 years probation.

The government claimed that the defendant was having a sexual relationship with a 17-year-old girl.  All remaining felony charges filed against the defendant were dismissed by the court, after he entered into a plea agreement with the government.

Three years later while was on probation, Sene was arrested on Oct. 31, 2017 for raping a 17-year-old girl while he was working as a bus driver. He was charged with 4 felony charges.

In April of this year, the defendant entered into a plea agreement with the government, where he pled guilty to deviate sexual assault, while the remaining charges were dismisses by the court.

The defendant admitted that he took the victim to his home in Nu’uuli and performed deviate sexual conduct upon her. The defendant took the victim into a shack in Nuuuli. Once inside the shack, Sene asked her if they could have sex but she said no because she has a boyfriend.

After hearing the victim’s response, Sene grabbed her hands, pulled her closer to him, and told her they were going to make love, all the while, the victim continued to refuse and tried to push Sene away.

The two scuffled for awhile until Sene raped her. While Sene was raping her, the girl continued to fight back and told him she wanted to go home. Prosecutors claim Sene was too strong and the victim was unable to stop him.