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Man is charged for hitting girlfriend who allegedly refused sex

American Samoa District Court building

Pago Pago, AMERICAN SAMOA — A man facing charges of public peace disturbance and third degree assault (domestic violence) was released on his own recognizance yesterday morning, following his initial appearance in District Court.

(To protect the identity of the pregnant victim, Samoa News is withholding the name of the defendant in this case).

Conditions of release include the defendant finding somewhere else to live until the court says otherwise, and he is not to leave or attempt to leave the territory while his case is pending. Furthermore, he is not to make any direct or indirect contact with the victim, and he is ordered to remain law abiding.

According to the government's case, police got call for assistance from the victim who claimed that her boyfriend — the defendant — had physically assaulted her outside a store in Iliili on Sunday morning, Feb. 24.

Upon arrival at the scene, officers separated the victim and the defendant, for safety reasons. Investigators claim that no alcohol was involved.

The criminal complaint notes that the victim did have a "reddish mark" on the left side of her cheek and a scratch mark on the left side of her neck.

The victim allegedly told police that she and the defendant got into an argument because she refuses to have sexual intercourse with him "every time he wants to have sex". Furthermore, the victim told police that their argument continued as they walked to the store to buy a pack of smokes, and the defendant allegedly became upset when the victim insisted that she stop by and visit her biological father, who lives in the neighborhood.

The defendant became so angry that he started slapping the victim in the face, according to the court affidavit. The victim started yelling and screaming at the defendant to stop, "but he was too angry.”

The victim was able to break free from the defendant and that's when she contacted the Tafuna Substation for assistance. The criminal complaint notes that two females who were in a nearby laundromat heard the victim screaming for help.

Both the defendant and the victim were transported to the Tafuna Substation for questioning, and EMS was contacted to render medical assistance to the victim.

According to the government's case, the defendant allegedly told police that he and the victim did argue at home, "but he got angry because every time they argue, the victim would always mention the many guys she slept with… and she knew it would make him angry."

The defendant allegedly admitted to investigators that he physically assaulted his girlfriend on the day in question.

Yesterday morning, upon releasing the man on his own recognizance, District Court Judge Elvis P. Patea transferred the matter to the Family, Drug and Alcohol (FDA) court, and a pretrial conference is set for April 15

Samoa News understands that the victim is six months pregnant, and she had a case in District Court just last month, during which she was civilly committed to the Behavioral Center at LBJ Hospital. The case was later dismissed.