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Man ordered to register as sex offender despite conviction for misdemeanor sex abuse

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The man who spent 8 months in jail for touching a woman’s private parts in a sexual manner is a free man now.

Viliamu Malae was released from the Territorial Correctional Facility (TCF) on Tuesday of last week, following his sentence by Chief Justice Michael Kruse, accompanied by Associate Judges Faamausili Pomele and Muasau T. Tofili.

Malae was initially charged with attempted rape and 1st degree sexual abuse, both class C felonies, punishable by a jail term of not more than 7 years, a fine of $5,000, or both.

Under a plea agreement with the government, Malae pled guilty to the amended charge of attempted sexual abuse in the 2nd degree, a class A misdemeanor, punishable by imprisonment of not more than one year, a fine of not more than $1,000, or both.

With his guilty plea, Malae admits that on Feb. 27, 2018 he touched a woman's private part, without her consent, to arouse and gratify his sexual desires.

During sentencing, his attorney, Public Defender Michael White asked the court for a probated sentence, saying that his client has served almost 12 months in prison.

Despite a request from the government’s attorney, Assistant Attorney General Christy Dunn for Malae to register as a sex offender as a condition of his probation, White told the court that his client should not be ordered to register as a sex offender. Not only was he convicted of a misdemeanor, but the victim was a woman, not a minor child.

Kruse did not agree. He told counsel White that the statue is clear, whether a misdemeanor or a felony, once a person is convicted for any sexual violation he or she has to register as a sex offender.

“Your client has to register as a sex offender,” Kruse told White.

Malae was sentenced to a term of probation of one year. As a condition of his probated sentence, he was ordered to serve a period of detention of 6 months, he was credited for the 8 months he served while detained in prison to await the outcome of his case.

Malae was ordered to register as a sex offender, and he has to remain abiding law throughout the period of probation.