A man who allegedly raped a woman while he held a knife to her neck has been arrested and charged. Yamasaki Bernard is charged with rape, deviate sexual assault, sexual abuse first degree and burglary first degree, which are all felonies. He’s being held at the Tafuna Correctional Facility on bail of $100,000.

The incident allegedly occurred between Dec. 24, 2011 and Dec. 26, 2011, and the rape count is a class A felony punishable by life imprisonment, or between 10 and 30 years. The deviate sex count and burglary charge each carry a jail term of 5 to 15 years and the sexual abuse charge is a class C felony which carries up to seven years in jail, with a fine up to $5,000. If convicted on all counts the defendant is looking at 67 years in jail.

According to the government’s case, on Dec. 18, 2013, Police Officer F. Talosaga was assigned to investigate the case of a 24-year-old woman from Petesa who alleged she had been raped. Court filings say the defendant is related to the victim.

The complaining witness told police that she was raped twice at her residence. According to the government’s case, the victim told police that on “December 24, 2011 she was sleeping next to her three-year-old son when defendant broke into her house that was locked. She said further that [she] woke up to find the defendant in her bedroom, and he was intoxicated.”

It’s alleged the defendant pushed the victim back onto the bed and held a knife to her throat and then touched her inappropriately on her private parts. The victim tried to push the defendant off but was unsuccessful and he raped her, say court filings. It’s alleged that when the defendant left, the victim’s son woke up and cried.

She further told police that on Dec. 25, 2011 in the early hours the victim heard the defendant entering the house by breaking the lock on victim’s bedroom door. Court filings say the defendant entered the bedroom pulled the blanket off the victim and allegedly pinned her to the mattress. It is further alleged that he placed a knife to her neck and raped her. The government’s case claims the victim became pregnant as a result of the rape and gave birth to a baby boy on Sept. 7, 2012.

During preliminary examination in this matter this week, District Court Judge Elvis Patea found that there was probable cause to believe that crimes were committed and that Bernard had committed said crime.

The matter was bound over to the High Court where Bernard was arraigned on Tuesday and entered a plea of not guilty.

During the preliminary examination, Judge Patea reminded Assistant Public Defender Karen Shelley that the defendant is a foreign national from Samoa, and he told her to keep track of his in-court and out-of-court time, along with any other expenses, which are to be paid by his sponsor. He also said a copy should be submitted upon final adjudication for approval by the presiding Justice.

The defendant, who remains at the TCF on bail of $100,000, is to abide by the following conditions, whether remaining in jail or released out on bail: To be a law biding citizen; make all court appearances; not leave or attempt to leave the territory; remain in close contact with his attorney; surrender his passport; make no direct or indirect contact with any of the government witnesses; and, stay away from the victim. He should withdraw peaceably upon encountering the victim anywhere; and not consume any alcohol, as he’s subject to random testing of drugs and alcohol.

Court filings say the defendant is a father of six from the independent state of Samoa.