X RATED: Ofu man arrested on multiple sex charges

Detectives with the Criminal Investigation Division flew to Ofu Manu’a, on Wednesday to execute an arrest warrant for an Ofu man facing multiple sexually related charges. Hanipale Malae, who was remanded into the custody of police with bail set at $100,000, made his initial appearance yesterday in District Court before Judge John Ward.


Malae is facing 12 criminal charges, which include two counts of rape, two counts of sodomy, two counts of deviate sexual assault, two counts of sexual abuse first degree, sexual assault, endangering the welfare of a child, third degree assault and furnishing pornographic material to minors.


The rape and sodomy charges are Class B felonies which are punishable by imprisonment from five to fifteen years, while the deviate sexual assault and sexual assault are class C felonies that carry jail-terms of up to seven years, a fine of up to $5000 or both, and the sexual abuse first degree counts are class D felonies punishable by up to five years, a fine of $5,000 or both.


The endangerment count, third degree assault and furnishing pornography to minors are all class A misdemeanors, and are punishable with up to one year in prison, a fine of $1,000 or both.


The incident came to light when Police Officers at the Manu’a Police Station contacted CID informing them of the allegations and CID Detective Vasa Wells was assigned to investigate this matter.


Samoa News cautions, the affidavit supporting the charges are graphic and not suitable for those under the age of 18.


According to the government’s case, on May 17, 2013 this matter was reported from Manu’a alleging Malae had assaulted three girls physically and sexually.


The three girls from Savai’i who are allegedly involved are listed as FS (27 yrs old), FP, 15 years of age and SS ( 20 yrs) and all three lived with Malae and his wife in the territory and Manu’a. The three girls were transported from Manu’a last week and CID Detectives saw that F.S. had visible bruising and swelling of both eyes, as well as visible bruising on her left arm.


Court filings say FS reported she had been physically assaulted by defendant during the first week of May 2013 when they were in Manu’a, because she did not wear a lavalava over her shorts. FS alleges the defendant punched her on her thighs several times and slapped her facial area.


The government claims, FS was again allegedly assaulted by the defendant, because she did not give him a cup of water nor did she wipe the sweat off of his body. It's alleged the defendant struck FS on her left arm with a stick, and punched her in the face and thigh area.  “He also used a plastic detergent bucket and struck her on the left side of her face causing her left eye to bleed,” says court filings.


The government further claims, FS ran away from the defendant’s residence on May 16, 2013 and she was picked up by Manu’a police officers the next day and was taken to the hospital for treatment. While at the hospital, F.S. informed police she has also been sexually abused by defendant along with two other females who also live with him.


FS stated she came from Savai’i to live with defendant in November of 2004 (when she was 18 years old) and within days of her arrival the defendant allegedly touched her inappropriately on her private area and despite her denying his sexual advances she finally gave in and had sexual intercourse with the defendant.


Court filings say that in 2005, the defendant demanded that FS join him and his wife during sexual intercourse. It's alleged the defendant demanded FS have sex with his wife while he watched. “F.S. stated that she did not want to perform these acts,” says court filings.


The defendant’s wife told the victim not to tell anyone about these activities, court fillings report.


The government claims, the defendant threatened to beat up and kill FS if she told anybody about these activities. “FS was scared and wanted to run away however, she was afraid of being sent back to Savai’i."


“FS stated that these activities continued regularly.”


It’s alleged when FS refused to have sexual intercourse with the defendant “he would punch and pinch her on her thigh areas, waist and stomach, and would also slap her on her facial area if she refused his demands,” says court documents.


According to court filings, in January 2013, FS went to Savai’i to visit her parents and she was instructed by defendant to find other girls to help her out with her chores and take care of the defendant’s nine children.


It's alleged FS contacted 15-year-old FP about coming to American Samoa in which FP.’s mother agreed and they came back to American Samoa in February 2013.


Court filings say, not long after they arrived, the defendant called both FS and FP to come inside his room and massage his feet where he performed sexual acts on FP and then allegedly instructed FS and FP to perform sex acts on each other and he then attempted to have sexual intercourse with FP however he failed given that FP was a virgin at the time.


According to the government’s case, it allegedly took the defendant three days before he could fully penetrate FP in her private area.


“The last incident (threesome) occurred in the month of April 2013,” say court filings. The government claims, the defendant allegedly forced FP and FS to watch pornographic videos and he would allegedly used sex toys on both FS and FP on their private areas.


Court filing say that defendant would order FS and FP to scrub his genitals and buttocks while he was in the shower and after taking a shower he allegedly would make the girls perform oral sex on him. It's alleged the above activities occurred in the territory.


According to the government’s case, CID Detectives spoke with the 15 year old FP whose statement corroborated with statements made by FS in the court documents.


It's alleged FP stated the first time the defendant forced her to have sexual intercourse with him was in February 2013. “She said no, but he demanded that she take her clothes off. She did so because she was scared of him,” says court filings. 


According to the government’s case, the defendant allegedly continually demanded that FP have sexual intercourse with him.


“If she (FP) refused, he (defendant) would either physically threaten her or he would threaten to send her back to Savai’i,” say court documents. It's alleged the last time defendant had sexual contact with FP was on May 15, 2013 in Ofu, Manu’a when FP was at the plantation and the defendant demanded that she take her shorts off to have sex.


The third victim in this case is 20 year old SS, who started living with the defendant’s family around March 2013.


According to the government’s case SS told CID Detectives, she was in Manu’a while the defendant was in the territory and it's alleged the defendant called SS to come to Tutuila to help with defendant’s younger children. Court filings say that SS came with two of defendant’s younger children in April 2013 and not long after she arrived, defendant allegedly demanded that she have sexual intercourse with him. 


“She cried and was scared, she had not had sexual intercourse before.” According to court filings, the defendant had sex with SS despite her crying.


It's alleged the defendant also performed oral sex on her and forced her to perform oral sex on him. 


According to the government’s case SS stated to police the defendant had sex with her on numerous occasions in the same room where his 10 year-old-daughter slept. Samoa News understands the three girls are now under protective custody of the government.

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