Pago Pago, AMERICAN SAMOA — A 46-year-old man from Fiji convicted of sexually assaulting a 16-year old girl — who is also a Fiji national — has been ordered by the High Court to depart the territory and remain outside of its borders for 7 years, which is the duration of his probation sentence.

Manoa Niukavu, who was employed by the LBJ Hospital as an X-Ray Tech Specialist, appeared before Chief Justice Michael Kruse yesterday morning for sentencing. Prosecuting the case was Assistant Attorney General Christy Dunn, while Public Defender Michael White represented the defendant.

Niukavu was initially charged with two counts of sodomy and two counts of first-degree sexual abuse — both class B felonies punishable by imprisonment of 5-15 years; and with two counts of third-degree assault, a class C misdemeanor, punishable by imprisonment of up to 15 days, a fine of up to $300, or both for each count.

However, under a plea agreement with the government, accepted by the court, Niukavu pled guilty to the amended charge of deviate sexual assault, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both.

With his guilty plea, Niukavu admits that on Dec. 6, 2017 he sexually assaulted a 16-year old girl.

When given the chance to speak, Niukavu, who has been in custody since his arrest, unable to post a $50,000 surety bond, begged for a second chance to rebuild his life. He also apologized to the victim and her family.

Niukavu told the court he made a terrible mistake and he takes full responsibility for his actions. He thanked his sponsor, LBJ Hospital, for the time he worked for them, which ended when he was arrested.

He promised the court that if given a second chance, he will do his best to change his life and help the community. His wife took the stand and told the court that Niukavu has been a good father to their 3 children during their 24 years of marriage. She described him as a loving father who works very hard to support their family.

She said that they have supported her husband since he was arrested because they know he can turn his life around and become a trusted member of the community in the future.

PD White said that despite the seriousness of his client’s actions, he believes he’s a suitable candidate for a probated sentence. He then asked the court to adopt the recommendation in the Pre Sentence Report (PSR), and give his client probation.

According to White, Niukavu has no prior record and he cooperated with police during the investigation. Prosecutor Dunn echoed White’s submissions for a probated sentence under the condition that Niukavu depart the territory for the duration of probation.

Niukavu was sentenced to 7 years imprisonment. Execution of sentence is suspended, and he is placed on probation for 7 years subject to several conditions, including registering as a sex offender and submiting to HIV testing.

He is to serve 28 months at the Territorial Correctional Facility (TCF), credited the 14 months he has spent in pretrial confinement. The balance of detention is stayed, and Niukavu is ordered to immediately depart the territory and remain outside of its borders for the duration of probation.

He is not to make any direct or indirect contact with the victim or her family.

The prosecutor is to present to the Chief Immigration Officer a signed copy of the court’s judgment, to ensure that Niukavu’s name is on Immigration’s “so-called lookout list”.

BACKGROUND

The victim told investigators that on Dec. 6, 2017, Niukavu woke her up to iron his daughter’s school uniform. While the victim was ironing, Niukavu allegedly hugged her from behind and kissed her. She said she could feel his manhood against her back.

The victim reported the incident to her eldest sister who in turn told their mother, who told the victim that if it happens again, she should return home to Fiji.

Five days later, a second incident occurred — in the same house where both Niukavu and the victim reside.

The victim told police that on Dec. 11, 2017, she did not go to school because of a painful boil. Niukavu was also at home that day, he did not go to work.

While she was lying in bed, Niukavu came and lay down behind her. He tickled her and started kissing her, but she slapped him and told him to stop. Niukavu then held her hand and removed a thin wrap that was the only clothing she had over her chest.

The victim said she struggled but he was too strong. She said she told Niukavu that she was scared, but Niukavu told her that there was nothing to be scared of, and she should relax and not move.

The victim told investigators that she was really scared and told Niukavu to stop what he was doing, but Niukavu continued to kiss her and moved down to other parts of her body. Niukavu pulled her shorts and panties off and continued to perform sexual acts on her while she was crying and pleading with him to stop.

When Niukavu finally stopped, he asked the victim for forgiveness.