Brothers charged with having sex with 15-year-old

Pago Pago, AMERICAN SAMOA — On July 20, 2024, a concerned mother contacted the Fagatogo Police Station to report that her 15-year-old daughter had left their home without permission, and was later dropped off near their house by a man she allegedly suspected that her daughter was seeing.

Two defendants were later arrested and charged.

Defendant #1 was charged with the following:

Count 1,3, & 4: Rape (DV), a class B felony punishable by imprisonment exceeding five years but less than 15 years, a fine of not less than $150;

Count 2: Sodomy (DV), a class B felony punishable by imprisonment exceeding five years but less than 15 years, a fine of not less than $150. and,

Count 5: Endangering The Welfare of the Child (DV), a class A misdemeanor punishable by imprisonment of not more than one year, a fine of $1,000, or both.

The first defendant’s bail was set at $20,000.

Defendant #2 was charged with the following:

Count 1: Rape (DV), a class B felony punishable by imprisonment exceeding five years but less than 15 years, a fine of not less than $150.

Count 2: Endangering The Welfare of the Child (DV), a class A misdemeanor punishable by imprisonment of not more than one year, a fine of $1,000, or both.

The second defendant’s bail was set at $1,000.

(Samoa News has withheld names of those involved in this case to protect the identity of the minor.)

According to the affidavit, on July 20th, at about 11:20 p.m, a concerned mother contacted the FPS and reported her 15-year-old daughter left their family home without permission, and at about 11:25 p.m, the mother called police again and reported that defendant #1 dropped off her daughter near their house.

Police officers responded to the call and made initial contact with the mother at the scene. The mother stated that her daughter had been seeing a man (defendant #1) who used to live with their family. The victim is identified as a 15-year-old minor.

The victim and her mother were later transported to the TPS for further investigation.

The affidavit further stated that sexual contact was revealed during an interview with the victim involving two perpetrators.

Defendant #1, used to stay at the family home dating an older sister. However, he was banned from the family home when they discovered he was in a relationship with the victim. The defendant continued to pursue and have sexual intercourse with the victim after the discovery of their relationship. The victim mentioned that she and defendant #1 started having sexual intercourse during the month of September, 2023.

Furthermore, the victim stated that on July 20, 2024, her last contact with defendant #1 was during the night. The victim stated that the defendant picked her up and they hung out in his rental vehicle. The victim admitted she performed sexual acts on the defendant.

Moreover, the victim mentioned other multiple times she had sexual contact with the defendant, including that on July 19, 2024, the defendant picked her up from her home and drove her somewhere, where they engaged in sexual intercourse.

The victim said that her first sexual intercourse with the defendant was in September, 2023; and, they have been meeting secretly from September, 2023 to July 20, 2024. She said that they have had sexual intercourse more than ten times. The victim also explained in detail other sexual contacts to the police officers.

The victim also mentioned having sexual intercourse with the defendant’s brother, defendant #2. The victim claimed that she started having a sexual relationship with defendant #2 during the month of August 2023. She recalled riding on a bus, which defendant #2 was driving and they went to his house and had sex. She stated she pleaded to defendant #2 that she was in pain, however he continued until he was done.

On July 22, 2024 at about 11:30 p.m, officers made contact with defendant #2 at the TPS where he was informed of the investigation in which he was mentioned as a person of interest.

Defendant #2 admitted to having a sexual relationship with the victim but claimed that it was consensual. Defendant #2 was Mirandized in which he understood and consented to cooperate with the investigation.

According to statement from defendant #2, he stated that around August 2023 while he was driving an “aiga” bus the victim was the last passenger to leave the bus. While approaching the house of one of his friends where he usually hangs out and plays pool, he and the victim went to his friend’s house and had sexual intercourse. He stated that after he then dropped off the victim at her house.

Defendant #2 mentioned that he had sexual intercourse with the victim about 10 times from the month of August to November 2023. The defendant also gave officers a detailed explanation and mentioned that he didn’t want the girl pregnant because she was still young and in school.

On July 23, 2024 at about 12:45 a.m, officers made contact with defendant #1 at the TPS where he was also informed of the investigation and that he was a person of interest.

Defendant #1, admitted to having a sexual relationship with the victim and also claimed it was consensual.

He was Mirandized and consented to provide a verbal and written statement.

According to the defendant #1, he admitted to having sexual intercourse multiple times with the victim from September 2023 through July 2024.

He stated the first time they had sex was during the month of September 2023 when he was dating the victim’s older sister. He mentioned that they would take bus rides down to one of the villages, and where he and the victim would engage in sex.

He also mentioned having sexual intercourse with the victim at an abandoned house near a church, as well as at his home.

He stated there were times, the victim would run away from home and sleep over at his house.

The officers questioned defendant #1, from the first encounter in the month of September 2023 through July 2024, how many times did he have sexual intercourse with the victim? Defendant #1 halted for a few seconds then he told officers “too many times.” Officers asked him to tell them the amount of times, and he replied, “20 times or more”.

Defendant #1 was booked at the TPS and later confined at the Tafuna Correctional Facility for 48 hours to await the next available sitting of the District Court.

Defendant #1 is identified as a 30 year-old U.S National whereas defendant #2 is identified as a 38 year-old citizen of Samoa.