Associate Justice Fiti Sunia told a man from Samoa who pled guilty to sexually assaulting two 14 year old girls last year, that American Samoa is not a place where you can rape and run.
He said the type of crime committed in this case was the type one often hears occurring in other places far away from American Samoa.
He was sentencing Apisaloma Timo, charged with two other men in connection with an incident in October last year.
The men picked up two 14 year olds who were walking along the road in Lepuapua then took them to a house in Taputimu where they gave them crystal methamphetamine and engaged in sexual acts with the girls.
Sunia said there was evidence of a failure all around. He said, “law enforcement, family support, parenting, you name it, up and down line, there was failure as evidenced with this type of crime.”
He told the defendant, who had his head down throughout sentencing, picking up a 14 year old, giving her methamphetamine and engaging in sexual acts with her…”it’s difficult to find a crime that’s worse.”
Timo, a citizen of Samoa, in his apology said he was sorry and asked that he be allowed to go home to take care of his family and get a better future.
Associate Justice Sunia said this wasn’t the first time a defendant has asked for an opportunity to go home after having been found guilty.
“American Samoa is not a place where you can rape and run.
“Asking us to return home amounts to coming here and violate our laws and then run.
“Our laws were enacted to protect our communities and in the context of this matter, our young children…and when you violate the safety of members of this community protected by this law you have to pay.”
Sunia said the only fact considered by the court leading it to the option of departing the territory is the requirement for the “taxpayers of this territory to house the defendant.” He said “the court will not reward him.”
Sunia, flanked by Chief Associate Judge Mamea Sala Jr. and Tunupopo Alalafaga sentenced TImo to 7 years in jail, suspended on probation of 7 years on condition that he be locked up for 28 months without release.
After he serves his 28 months, with credit for the 9 months he has been in jail, he must depart the territory and not return for the remainder of the 7 years probation.
If he does return he will be taken straight to jail and remain there until he’s served his full 7 year sentence, after which he must leave the territory.
The court noted that Timo doesn’t have a sponsor and said if he’s unable to secure passage to Samoa, he will remain in jail until he gets a sponsor.
