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Man from Fagasa sentenced to 28 months in jail for sex offense

Fine & punishment by Village Council taken into account
Translated by Samoa News staff

A 28-year old man accused by the government of forcibly entering a home in Fagasa with the intent to have sexual contact with a 16-year old female inside her bedroom where she was sleeping was sentenced last Thursday by the High Court to 28 months imprisonment as part of his 7-year probation.

However, the wife of the defendant, Tanu Iosefa, asked the court for a chance to have her husband released from jail so he could work, to take care of the couple and their three children. The wife says the husband is the only breadwinner for the family.

The court then ordered that it would allow the defendant for work release but only if the defendant is able to provide proof that he has solid employment providing money to care for his family, while still incarcerated.

Iosefa was initially charged with first-degree burglary, first-degree sexual abuse and misdemeanor trespassing. But under the plea agreement in July last year, the first-degree burglary charge was amended to second-degree and the misdemeanor was dismissed.

In pleading guilty to the charges — both felonies — the defendant admitted that on the evening of Apr. 25 this year, he forcibly entered a home in Fagasa with the intent to have sexual contact with a 16-year-old female inside her bedroom where she was sleeping.

First degree burglary is punishable by not more than 7 years in prison and a $5,000 fine while the sexual abuse charge is punishable by not more than 5 years in jail, and or a fine of not more $5,000.

According to court documents, the incident occurred after a village party, as part of their celebration after this year’s Flag Day festivities and the defendant and his family were fined by the village council due to the incident.

(At least three Fagasa village residents told Samoa News at the time the case was filed that they were surprised to learn that the incident has been presented to the government for prosecution, which was sought by the family of the female victim, despite village council policy that if a person is fined or punished through the village council the matter is not presented to the government.)

During sentencing the defendant apologized for his crime and said he is very remorseful. He sought leniency so he could return home to care for his wife and children as well as his family and continue to serve his church and village.

Iosefa informed the court that he is the only one who works in the family and this was also confirmed by his wife, who was very emotional on the witness stand as she gave character witness testimony and pleaded with the court to allow her husband to come home.

And while her husband has been in custody, the wife said it has been very difficult for her to find money to take care of the couple’s children — ages 6, 2 and 7 months old.

She also told the court about village policy set by traditional leaders that if a person is punished or fined by the village council the issue is not presented to the government; however, her husband is the first person from the village who was not given the same treatment after a fine was paid to the village.

Chief Justice Michael Kruse asked what was the punishment or fine handed down by the village council and the wife responded that it was a $3,000 fine and they fed the entire village, gift presentations were also given for the village, as well as the family of the victim and a large fine mat presented to seek forgiveness.

Kruse informed the wife that her family has already fed the village while the court is prepared to impose a sentence for the crime the defendant committed.

Assistant public defender Michael White asked the court for leniency in sentencing that would allow his client to return to his family and find employment to care for his family and become a good person.

However, assistant attorney general Bob Pickett argued for the maximum sentence because of the seriousness of the crime involving a minor, who cannot forget what the defendant did to her for the rest of her life. He further argued that what happened to the victim is something that will always keep her awake at night.

In handing down the court’s sentence, Kruse accepted the fine and punishment by the village council as a way to lighten the court sentence. The defendant was then sentenced to serve 28 months in jail, he is also required to register as a sex offender and be tested for HIV. He was also ordered not to make any direct or indirect contact with the victim.

(Original Samoan story published in yesterday’s Lali section of Samoa News)