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Man pleads guilty to sexual assault, incest with 17-year-old niece

joy@samoanews.com

A 38-year-old man arrested on allegations he raped his 17-year-old niece will be sentenced next month, as he has pled guilty and admitted to his criminal conduct.
 
Samoa News is withholding the name of the uncle to protect the identity of the victim in this matter. The defendant’s sister is the mother of the victim.
 
The uncle was charged with felony counts of Rape, Sexual Abuse, Deviate Sexual Assault and Incest.
 
During the change of plea hearing, the defendant pled guilty to deviate sexual assault and incest, while the government moved to dismiss the remaining charges in the matter.
 
The defendant admitted that on July 16, 2013 in Pago Pago, he went over to his sister’s house, woke up his niece, telling her he wanted to speak with her. The uncle the grabbed the victim and pushed her towards his house where he had sex with her, yet the victim repeatedly told the defendant to stop.
 
The defendant admitted his conduct was without legal justification or excuse.
 
During the plea hearing the uncle said he accepted and understood that if the court imposes a different sentence than that recommended by the parties, he cannot later change his plea.
 
The incident came to light when the defendant’s sister reported to police that she caught her brother naked in the bedroom with her daughter.
 
Police Officer Kimberly Mau, the lead investigator in this matter, interviewed the 17-year-old girl.
 
The girl told police the first incident occurred on July 11, 2013 where she woke up and the defendant was laying next to her, touching her inappropriately.
 
The second incident occurred on July 16, 2013 where the defendant woke the girl up and told her he needed to talk to her at his house. The victim followed him, and that’s when sexual intercourse occurred, ‘which lasted three minutes’. The victim told police she was a virgin when the incident occurred.
 
Court filings say the victim told a social worker that she had been raped by her uncle. The victim explained that she was sleeping in the living room with her mother and cousin when the defendant woke her.
 
She claims her uncle was drunk and told her he needed to talk to her at his house and she attempted to wake up her mother but the mother did not wake up. According to court filings, the victim said the defendant grabbed her and pushed her towards his house and had sex with her even though she told the defendant to stop.
 
The victim stated that she tried to yell but the defendant told her to be quiet.
 
During the police interview with the defendant, court filings say, he admitted that he has had feelings for his niece for a very long time and that he’s aroused every time he sees her.
 
Court filings further state that the first incident occurred when the defendant went to fetch the iPod charger and the girl was sleeping, with her shirt halfway up, and that’s when he touched her on her private parts.
 
The second incident occurred on July 17, 2013 when he had sex with his niece.



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