Father jailed for sex acts against young relatives

By Joyetter Feagaimaali’i-Luamanu ,

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Supreme Court Justice.

Supreme Court Justice.

A 50-year-old man who sexually abused his sister’s grandchildren has been jailed for six years.

Suitupe Lio Mata’afa of Fagaloa and Vailele was sentenced by Supreme Court Justice, Tafaoimalo Leilani Tuala-Warren.

The defendant was represented by Afamasaga Michael So’onalole while Anne Matalasi was the Prosecutor.

Justice Tafaoimalo issued a suppression order on the names of the two victims who are 14 and 11 years old, except for the defendant. 

The man pleaded guilty to two charges of sexual conduct and one count of unlawful sexual connection. 

According to the summary of facts, around December 2016-January 2017, the accused went to the victim’s house while intoxicated and slept there where the 11-year-old was sleeping. The defendant touched her in a sexual manner. The same night he went into where the second victim was sleeping and performed oral sex.  

When he finished he went to the victims’ parents’ house and had tea.

According to the presentence report, Mata’afa is married with four children and is unemployed. The victim’s impact report says the 11-year-old victim tries not to think of what Mata’afa did to her and has forgotten what has happened.

“The second victim who is 14 years old says she was unhappy and worried when the accused did what he did to her. She is sad that this has happened.” 

Justice Tafaoimalo points out the offense are firstly, the gross breach of trust. 

“There are two victims and the accused is the uncle of their father. The breach of trust in this case is significant. 

“The Sentencing Act 2016 in Section 8 directs the Court in cases involving violence against persons under 18 years to consider the magnitude of the breach of the relationship of trust between the victims and the accused. 

“This is a case of sexual violence.

 “The ages of the victims are another aggravating factor. One was 11 years old and the other 14 years old at the time the accused committed these offences. 

“The Sentencing Act 2016, Section 7(1) (g) further reinforces as an aggravating factor, the vulnerability of the victims because of their ages which was known to the accused.”

© Samoa Observer 2016

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