Apia, SAMOA — Repeat offender Daniel Vailopa has appeared in court again, this time he’s charged in connection with an attempted rape and stealing incident that occurred last year October. Sentencing in this matter, which was held last week was handed down by Supreme Court Justice Mata Tuatagaloa.

During the sentencing, the police summary of facts, which was accepted by the defendant, indicates that on August 15, 2016 Vailopa and several other prisoners escaped from Tafaigata Prison. They went up to Mount Vaea and stayed the night at an abandoned house.

On September 2, 2016, the victim went for a hike up Mount Vaea, on her way up, she meet Vailopa and two other fellow prisoners and a Caucasian man coming down the mountain. The victim then continued on her way while the accused told his two fellow prisoners to let the Caucasian man pass and for them to rest. Not long after the accused persuaded his two fellow prisoners to join him in going after the victim. His fellow prisoners advised him against it but he insisted they go after the victim.

The police report further says that the victim had reached the top and headed back down the mountain. As she was running back, she came across the accused walking up towards her and he tried to block the way. The victim walked past the Vailopa who then chased after her and when he caught up to her, he held her hand tightly. The victim tried to run away from him but the defendant held on to her and started touching her waist and tried to kiss her.

The victim resisted and the accused grabbed her by the waist with one hand and her neck with the other hand. The victim struggled while the accused was trying to pull down her pants and kiss her. He was telling her to have sex with him. As the victim struggled, her cell phone slipped from her hand and this caught the attention of the accused who tried to look for the phone. The victim screamed for help and the accused released her. She then ran down as fast as she could.

The matter was reported to police and they apprehended the accused as he was walking down the mountain at Moamoa.

The defendant is 24 years old and he’s currently serving a term of imprisonment, which reportedly ends in July 2017. According to Tuatagaloa the defendant has 15 previous convictions from 2004 to 2015, for the offenses of possession of narcotics, theft, threatening words, receiving stolen properties, drunkenness, escape, and assault.

The victim in her impact report indicates the effect the incident has had on her life.

“As a keen runner, she is now afraid to carry out this important activity which she has enjoyed for years as a means of meditation and strength. She tells of the first few weeks after the offending as being the worse. She became oversensitive to noises and would break down crying. She was not able to stay home alone. She considers herself lucky to have gotten away but the fear has remained with her, even after leaving Samoa to return home. Even now she cannot walk alone in the dark or catch taxis alone because of her fear of being attacked again. The events of August 2016 have changed her life forever,” said Tuatagaloa.

The Supreme Court Justice points out the she’s required to take into account the degree of culpability of the accused in determining an appropriate sentence. “In assessing his culpability, I take into account the aggravating features of the offending. It involved actual physical violence although at a moderate level and the victim was able to get away. It took place in a secluded place where the accused saw an opportunity and planned his offending to get the victim alone. The victim was in fact alone and had to endure a terrifying experience which has had a lasting negative impact on her.” She stated that considering all the circumstances, there is no question an imprisonment penalty is called for. It is required in order to hold the accused accountable for harm done to the victim, to denounce his conduct and to protect society from the accused, the justice said.

These considerations take precedence over rehabilitation of the accused given the seriousness of this offending. “However may I say this to the accused. You have led a life of crime, which has landed you in prison so many times. There must be times when you want to live as a free man and enjoy being in society. However that will never happen as long as you offend and hurt others. The Court will not hesitate to send you back to prison to protect the community from you. The choice as to the life you want is yours alone to make. You will be sent to prison today, however when you are released you will still be a young man and will have the rest of your life.” 

The defendant was convicted of attempted sexual violation and sentenced to three years and six months imprisonment, for the theft he’s ordered to serve one year and the sentences are to be served concurrently and will commence immediately after his serves his current term of imprisonment.