Man with previous sex conviction awaits trial on similar charges

Pago Pago, AMERICAN SAMOA — A man charged with 6 criminal sex charges is currently out on bail and his next court appearance is set for Oct. 20, 2023.

Ma’alona Ioane was apprehended on October 10, 2022, pled not guilty and was released after posting bail that was set at $10,000.

THE CASE

A student at Fa’asao and Marist High School was referred to the school’s truant officer on October 3, 2022, when it was reported that she was showing major significant changes in her behavior. Upon initiating an investigation, the truant officer discovered that the student was allegedly a victim of a sexually related incident.

According to court documents, the student told the truant officer that the same man had also sexually abused her younger sister. Upon discovering this information, he contacted the Catholic Social Services and sought their assistance in the matter. During the interview with the truant officer, the student stated that she “was angry seeing Ioane, the alleged perpetrator, walking around freely after he sexually abused her and her sister.”

On October 5, 2022, a case worker met with the younger sister and the mother, where she (the mother) was informed of the discovery. Following their meeting, they all went to the Leone Police Substation (LPS) and filed a complaint about the alleged abuse of the younger sister.

When the younger sister was interviewed she stated that after a Sunday service on September 6, 2020, she was instructed by her mother to drop off food over to the house of one of her aunt's, which was within walking distance. When she arrived, no one was there and she made her way back home — while on her way, she heard someone calling out to her, and turned around and saw the defendant standing next to an abandoned structure.

She reported that the defendant told her to come over to where he was, and as soon as she reached him, he hugged her from behind. During the hug, the defendant rubbed himself against her inappropriately and fondled her with both hands while kissing her neck.

With all of her might, she removed his arms from around her and ran home. When she came home, her mother saw her in distress, and asked what had happened, and this was when she reported the incident to her mother. After being told by the victim what happened, the mother called the defendant and confronted him about the alleged abuse — he denied all allegations. However, later that day, Ioane and his wife went to the victim’s home and apologized to both the victim and her mother. The victim further stated that her mother accepted their apology and chose to forgive the defendant.

The victim then stated that another incident occurred around July 2021 at the defendant’s home, when the victim was hanging out with the defendant’s 12 year old daughter and working on a school assignment. In the afternoon the victim gathered her school books and made her way outside, and encountered the defendant arriving home.

The defendant then walked up to her, reached under her ie and touched her inappropriately through her shorts. The victim also added that she “never told anyone about the second incident because she was scared,” but only reported it to her older sister, the Fa’asao Marist student.

During the interview with the victims’ mother, she confirmed the first incident, and said she forgave Ioane because he and his wife came over to their house and apologized, and added that she had no knowledge of the second incident.

On October 10, 2022, DPS officers apprehended Ioane and transported him to the LPS for further investigation. During questioning regarding the incident, he denied having sexually abused the second victim. He added that in the first incident, he remembered hugging the older sister — the Fa’asao Marist student — before she walked home, and that he and the family had settled everything on the day of the first incident with the younger sister.

Ma’alona Ioane faces 6 criminal counts – two counts of sexual abuse in the first degree, two counts of assault in the third degree, and two counts of endangering the welfare of a child.

BACKGROUND

According to a Samoa News court report from August 2001, Ma’alona Ioane was sentenced by the High Court to 15 years in prison, the maximum sentence for raping an underaged female.

Ioane was initially charged in late May of that year with three counts of child molestation and first-degree sexual abuse.

In a plea agreement, the government amended one count of child molesting to rape and the defendant pled guilty to that charge.

In return for his guilty plea, the government dismissed the other three felony counts against him.