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Two new sexual assault case of minors heard by the court

fili@samoanews.com

Two female minors — ages five and thirteen — are victims of two new sexual assault cases, one of which involves the biological father. They were filed this week in District Court, where both defendants made their initial appearance early this week.

BIOLOGICAL FATHER

In the case involving the biological father, court documents say the defendant has been charged with one count each of sodomy, deviate sexual assault; first-degree sexual abuse and incest — all felonies — and one misdemeanor count of endangering the welfare of a child. The victim is the defendant’s biological 13-year-old daughter.

If convicted of each felony count, the defendant faces up to 15 years imprisonment, and fines totaling $15,000 or both. For the misdemeanor count, it’s punishable by not more than one year in prison, a fine of $1,000 or both.

To protect the victim, Samoa News does not identify the defendant by name. The defendant, who remains in the Territorial Correctional Facility unable to post a $25,000 bail, will have his preliminary examination hearing today.

The alleged sexual assault was reported to police on Dec. 6, which is the same day the alleged incident occurred in the early morning hours.

According to court filings, the victim told police that she was sleeping on the same bed with her father, while her mother and other siblings slept on the floor next to the bed. She woke up as her mother and sisters were preparing to leave the house, before her mother heads to work.

After the mother and siblings left, the victim went back to sleep on the bed when she felt the defendant allegedly rubbing her arm, down to outside of her thigh. She told police that she woke up because she felt pain in her lower abdomen and allegedly the defendant was performing oral sex on her while her clothing was pulled down to her ankles.

She tried to pull her shorts and under-garments back up but the defendant put his weight on her legs to restrain her and that the defendant also allegedly touched her private parts in a sexual manner and fondled her.

When interviewed by police, the defendant allegedly admitted to the sexual acts described by the victim.

5-YEAR-OLD VICTIM

In this case, Muaiga Siatui, aka Povi, is facing one count each of child molestation, sodomy, deviated sexual assault, first-degree sexual abuse — all misdemeanors — and the misdemeanor of endangering the welfare of a child. The most serious of the felony counts is child molestation, a Class A felony, punishable by imprisonment of at least 10 years, according to court documents.

Siatiu, who is from Fagatogo, was visiting the victim’s family at a village on the east side of the island on Dec. 10 when he allegedly committed the sexual act against a five-year-old girl by touching her private parts.

The victim was taken to LBJ Medical Center to be checked, according to court documents, but it didn’t provide any other information.

When confronted by police, the defendant allegedly admitted to putting his finger inside the victim’s private parts.

The defendant, who remains in custody unable to post a $22,000 bond, yesterday waived his preliminary examination hearing in District Court and the case is bound over to the High Court, where he is to be arraigned today and the defendant is to enter a plea to the charges.