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Manu’a man faces several sex charges

A Manu’a man is scheduled to appear today in the High Court for arraignment on several sexual charges.

Tau Malae, in his 50’s, is accused of performing sexual acts upon his wife’s two nieces last year. 

He’s charged with two counts of sodomy, two charges of first degree sexual abuse, and two counts of deviate sexual assault and rape.

Malae appeared before District Court Judge John Ward last Friday for his preliminary examination, however the defendant waived his rights for a Preliminary Examination hearing, and his case was bound over to the high court.

According to court affidavit, the incident only came to light when a relative of the two victims reported the matter to police.

Both victims were 16 years of age when the incident started occurring in the middle of 2011, says the affidavit.

The court documents says the first victim arrived in the middle of 2011, and in October the defendant went into the victim’s room while she was sleeping and attempted to have sex with her, however she refused.

It’s alleged the defendant touched the victim in a sexual manner but the victim was able to get away. The victim told police the incident occurred on several occasions.

The affidavit goes on to say that the second victim claims the first incident occurred the first night she arrived at the defendant’s home on Ofu, Manu’a.

It’s alleged while she was sleeping, she was awakened when the defendant touched her in a sexual manner.

On the second night, the defendant raped her, the affidavit states. Court documents say the victim lost count of how many times the defendant forced her to have sex with him; and claims the defendant threatened to beat her and send her back to Upolu if she told anyone what happened.

Both victims claim that on December 22, 2011 they had a family meeting and the defendant apologized for his actions and assured both victims he would not do it again.

It’s alleged the defendant’s wife warned the victims not to say anything to anyone, including police or she would beat them.

The court document says the defendant admitted touching both victims in a sexual manner. The affidavit further states the defendant’s wife, (victims' aunty) told police she was aware about the sexual incidents that had been happening.  

She claims that her husband apologized and told her what happened — he also promised he wouldn't repeat his actions.

The aunt told police that she forgave her husband, and she had told her nieces not to tell anyone, including police, what happened or she would beat them.

The defendant who’s represented by the Public Defender’s office is in the custody of police. with bail set at $50,000.