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54 year old man charged for sexual abuse, assault involving 19 yr old girl

reporters@samoanews.com

 The government has filed charges against 54-year old Kaio Levao on allegations that he touched a woman without her permission inappropriately. Levao is charged with sexual abuse first degree, second degree assault and public peace disturbance.

The sexual abuse count is a class D felony punishable by imprisonment up to five years, a $5,000 fine, or both, while the assault count is a class C misdemeanor, punishable by imprisonment for up to fifteen days, a fine of $300 or both and the PPD charge is a class B misdemeanor punishable by imprisonment for six months, a fine of $500 or both.

The defendant, who’s being held on bail of $10,000 made his initial appearance in the District Court yesterday on the new charges. Levao was arrested last week Friday where he was held in custody for 48 hours, while awaiting the government to file felony counts,

According to the government’s case on December 13, 2012,  a 19-year old female walked in to the Central Police Station in Fagatogo, to file a complaint of being sexually assaulted by Levao. The victim told police, she went to return movies at the Talofa Video Store in Fagatogo, when the defendant entered the video store.  

She told the police that she knew Levao from previous interactions, however she was shocked when he approached her and touched her private parts. It’s alleged the complaining witness pushed Levao away and told him to stop, however Levao told the victim to come to him because he wanted to have sex with her but she refused and waited for the defendant to leave the video store.

It’s alleged when the victim exited the video store, she thought that he had left, but by the time she got to the other side of the building, he was standing there. Court filings state the defendant approached the victim again and touched her in a sexual manner, but she pushed him away again and walked away from him.

Police made contact with the defendant who allegedly apologized for what happened between himself and the complaining witness. According to the government’s case, the defendant told police that he had seen the victim at the marketplace in Fagatogo and he followed her. 

It’s alleged that he saw her enter the video store and followed her into the store. Levao told police that he thought that because the victim had already given birth, it was okay for him to touch her on her private parts. The defendant admitted to touching the victim in the video store and again outside when she was trying to go home.

The defendant will be in court again today for his preliminary examination, where District Court Judge John Ward will determine if this case has sufficient evidence to go forward to High Court.

The defendant is represented by Assistant Public Defender Karen Shelley while prosecuting this case is Deputy Attorney General Mitzie Jessop.



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