Pago Pago, AMERICAN SAMOA — Two men are now in custody after being arrested by police last month on the allegation they sexually abused a 15-year-old boy beginning in December of last year. Both men told investigators that it was the victim who came to them and instigated the incidents.

The two men, Peni Malufau and Iupeli Tamala, a.k.a Chupee Tamala made their initial appearance in District Court last month.

The two defendants are each charged with two counts of sodomy, a class B felony, punishable by a term of imprisonment of not less than five nor more than fifteen years.

Bail is set at $20,000 for each defendant

If they posted bond, the court ordered both defendant not to have any physical contact with the victim or his family. If they see him around town, it’s their responsibility to withdraw from him peacefully.

THE CASE

On March 16, 2021 about 2:22p.m, a woman and her 15-year-old son walked into the Tafuna Police Substation (TPS) and briefed police officers on their criminal complaint.

The complaint was against Peni Malufau of Faleniu and Iupeli Tamala of Vaitogi. The mother claims her son had been sexually abused by the two on different dates and times starting from December 2020.

A psychological evaluation was requested by investigators for the 15-year-old victim in this case. According to the medical examination, the victim, who is named in the affidavit as F.L didn't suffer any injuries to his body during the time of the alleged offenses.

Two months after the complaint was filed, investigators sat down with the victim and interviewed him about the alleged incidents.

According to F.L, he was sexually abused by Malufua last year around December but doesn’t recall the date ad time. He stated to investigators that while he was at Malufau’s home in Faleniu, Malufua told him to touch his private parts inappropriately, and he did.

F.L stated that he also recalled another incident that happened around March 2021 at a residence in Vaitogi where two males, Iupeli Tamala, a.k.a “Chupee” and a 17-year-old male sexually abused him.

F.L also stated that he recalled that the 17-year-old male told him to perform sexual acts on him (the 17-year-old male). Afterwards, Tamala sexually abused him and later instructed him not to tell to anybody —  if he did, he (Tamala) said he would beat him up.

F.L also told investigators that another incident happened at a bus stop around 8p.m on a Saturday night in December of last year, when Malufau called and asked him to come to join their drinking session with two other males friends — all faafafine. The victim refused but Malufau walked over to the victim and grabbed his right hand and escorted him to the bus stop where two other males were drinking.

When the victim got to the back of the bus stop, Malufau allegedly touched him in a sexual manner before he (Malufau) sexually abused him.

Investigators also interviewed the victim’s mother regarding the alleged incidents. According to the victim’s mother, her son has a very bad habit of leaving their home without her knowing.

She stated that they had just moved to Vaitogi in the beginning of this year 2021 and she thought her son’s behavior would stop, but it got worse, because when her son would leave he would be gone for 2- 3 days without her knowing where he was.

The mother also told investigators what led to their reporting the alleged sexual abuses on Mar. 16, 2021 to police.

She said she had gone to the main office at Pavaiai Elementary School, after she received a call that her son was waiting for her. There, the principal of the school briefed her on what happened, and advised them to walk into the police station to file a police report, and later they went to the police station on March 16th.

The victim’s mother further told investigators that she kept asking her son about what happened to him and if anyone did something bad to him, but her son kept telling her that nothing happened and everything was okay.

On the morning of June 11, 2021, Malufau walked into the DPS Criminal Investigation Division (CID) and was interviewed by two police detectives.

Malufau was Mirandized and he stated that he understood his rights and he wished to speak to investigators regarding the alleged incidents.

His account to police acknowledges that sexual incidents — inappropriate touching and interaction — happened, but they were at the instigation of F.L and seemingly with his consent.

Malufau recalled to police many of their sexual encounters, including some with a friend, but said it was F.L who started the whole thing when he came to his house in the first place and allegedly touched his thighs while he was sitting in a chair in his living room.

Investigators contacted the co-defendant, Tamata, asking him to come to the CID office to discuss an important matter.

On the morning of June 15, 2021, Tamala walked into the CID office and was interviewed by two CID detectives. Investigators explained to Tamala the reason why he was asked to come in where upon Tamala stated that he understood that there is an investigation going on regarding an incident where a juvenile boy was sexually abused by his friend.

Tamala was Mirandized and he told investigators that he understood his rights and wished to make a statement.

Tamala quickly admitted to investigators that he was also involved in an incident where he sexually abused F.L at two different locations in Vaitogi. The first time was a family residence and the second time was at a bus stop.

He described what happened and allegedly admitted to sexually assaulting F.L in both incidents.

Tamala then told investigators that there was another incident involving F.L and a 17-year-old friend of his, who is named in the court affidavit as W.F.

Tamala stated to investigators that he sexually abused F.L while W.F was just hanging around doing nothing.

W.F was examined by a doctor at the LBJ Medical Hospital and the result of his report came out negative — meaning W.F was never involved in any sexual activities.

W.F told investigators that he was never involved in any sexual contact with F.L, however, an old man living in a house in Vaitogi told him that he (the old man) saw Tamala sexually abuse F.L several times.

Police officers went to Vaitogi and spoke with the old man regarding these alleged incidents, which the old man confirmed.

The old man further told investigators that he was pissed off with Tamala for what he did to F.L, so he started to spread the news to other people including W.F so that somebody might do something and report the matter to police.