Pago Pago, AMERICAN SAMOA — A 72-year-old uncle accused of molesting his 12-year-old niece was arrested by police two weeks ago after the victim’s 6-year-old brother discovered the defendant’s alleged action and immediately alerted his mother. The defendant told investigators that he only kissed the victim as a way to show his love and affection for her.

[Samoa News has chosen not to identify the defendant in this case to protect the identity of the minor victim.]

The defendant was arrested after the alleged incident was reported to police by the victim’s mother. The mother also took her daughter (victim) to the LBJ Hospital for a complete examination.

In the early hours of Saturday, June 6th, around 12.56 a.m, the 12-year-old victim and her mother were transported by police officers from the LBJ Hospital to the Tafuna Police Substation (TPS) to report an incident involving the victim and a 72-year-old uncle.

The victim, her younger brother and her mother are named in the court affidavit by their initials, while the defendant is identified by name in the affidavit.

The investigation revealed that the mother was working while the victim and her other siblings including her 6-year-old brother were at home. Around 10:20 p.m while the mother was working, the 6-year-old called her phone and reported that the victim was allegedly sexual assaulted by the defendant.

The boy told his mother on the phone that he went to check on the victim who was inside her room, however when he knocked on the door, he was shocked when he saw the defendant inside the victim’s room. He also witnessed the defendant “doing nasty things” to the victim while the vicim was on her bed.

Immediately after receiving the phone call from her son, the mother rushed home and picked up her three children, including the victim, and went straight to the LBJ Hospital for a medical examination.

The mother explained everything her son revealed to her on the phone to representatives of the LBJ Social Services, who assisted her and the victim with the medical examination. At the same time, police were also notified regarding the alleged sexual abuse and several police officers immediately arrived at the LBJ Hospital to start their investigation.

After the full medical examination for the victim was completed, a report given to investigators revealed that everything was okay with the victim.

Police officers then transported the victim and her mother to the TPS for further investigation and to officially file a criminal complaint against the defendant.

When questioned by investigators, the victim’s mother explained how her 6-year old son called her at work about the alleged sexual assault by the defendant. She told them of taking her children to the LBJ Hospital, in tears, for a medical examination for her daughter.

The mother further stated to investigators that when she arrived home, she saw her daughter (victim) alone inside her room, crying.

Investigators questioned the victim in the presence of her mother.

According to the victim’s statement, she was inside her room lying in bed, against the wall with her legs crossed. As she started to fall asleep, she was shocked when somebody reached out to her legs and tried to spread them apart. She explained what her uncle allegedly did, and that she tried to push the defendant’s hands away, but the defendant used one hand to fend off her hands while continuing to reach out to her sexually.

According to the victim’s statement, the defendant stopped when his phone rang. He stood up to answer his phone while she was still lying in bed. After he spoke on the phone, the defendant walked back to where the victim was, pulled down the victim’s clothes and allegedly sexually abused her.

According to the victim, she tried her best to crawl to the other side of her bed in an effort to get away from the defendant, but the defendant was too strong and was able to control her by holding off her two hands with his one hand while continuing to sexually abuse her.

According to the victim’s statement to investigators, the defendant stopped again after his phone rang again. He stood up to answer his phone call and walked around inside the room while speaking to the person on the phone. After he talked on the phone, the defendant walked back to where the victim was lying and allegedly continued to abuse her.

This time, the victim screamed but the defendant used his hand to cover the victim’s mouth to stop her.

A few moments later, the victim’s 6-year-old brother knocked on the door. The defendant immediately stopped his action, grabbed his phone and put it to his ear, pretending that he was talking to someone.

The victim stood up and walked outside crying and took a shower while the defendant was still in her room.

After interviewing the victim and her mother, investigators then proceeded to the defendant’s home in an effort to locate him.

Several police officers arrived at the defendant’s home and explained to the defendant that they needed to speak to him regarding the alleged incident involving the 12-year-old victim.

According to investigators, after they informed the defendant about the allegations he cried and repeatedly swore to himself. He was also informed by investigators that he was not under arrest and was free to leave at any time.

The defendant strongly denied having any physical contact with the victim, but when he was told that there was an eyewitness who saw what happened, the defendant then changed his story and admitted that he only kissed the victim’s belly button.

During follow-up questions about what the victim’s was wearing on the date of the alleged incident, the defendant provided a clear description, and also told investigators how he knew what the victim was wearing on the night of the incident.

It was then that investigators informed the defendant of his constitutional rights and he stated that he understood and wanted to provide his side of what happened. He admitted to investigators everything, stating that he kissed the victim’s breast through her clothing and it was his way of showing love and affection for her.

The defendant appeared in District Court last week for his initial appearance. He’s represented by Assistant Public Defender Bob Stuart, while prosecuting the case is Assistant Attorney General Kristie Soule.

The defendant is charged with one count of child molestation, a class A felony, punishable by a term of imprisonment of not less than ten years nor more than thirty years; one count of sodomy, a class B felony; and 3 counts of 1st degree sexual abuse, a class D felony.

Acting Associate Justice Elvis P. Patea established bond at $50,000.

During the initial appearance proceedings, the defendant waived his rights to a preliminary examination and the case was bound over to High Court for arraignment where he entered a not guilty plea to all the charges against him.

His pretrial conference in High Court is scheduled for Aug. 7th.