A teenager has been sentenced to three years under supervision after being found guilty of sexually violating a 13-year-old girl with an intellectual disability, who later became pregnant as a result of the offences.
The incidents occurred between December 2023 and January 2024, when both the victim and the defendant were 13 years old.
The defendant denied two charges of sexual violation by way of rape and two charges of sexual violation involving a person under the age of 16. However, a panel of assessors found him guilty in August this year.
A suppression order was issued by the Court due to the familial relationship between the victim and the defendant.
According to the prosecution’s summary of facts, the victim has an intellectual disability, with the capabilities of a seven-year-old child.
The first incident occurred in December 2023, when the defendant took the victim into a bedroom, removed some of her clothing and his trousers before having sexual intercourse with her.
On the same day, a neighbour visited the house to deliver food to the victim’s grandmother. Upon arriving, she saw the defendant leaving the bedroom while pulling up his trousers.
When the neighbour asked where the victim was, the defendant told her that the girl was down by the ocean.
Suspicious of his response, the neighbour pretended to leave before noticing the defendant return to the bedroom.
She followed him and was shocked to find both the defendant and the victim naked on the bed.
The neighbour questioned the defendant about what he was doing, but he got up, put on his trousers and left the room.
She later returned home and informed her husband about what she had witnessed.
The neighbour subsequently went back to the house and informed the victim’s grandmother about what she had seen. The grandmother became angry, prompting the neighbour to return home.
According to the prosecution, the neighbour also told police that this was not the only occasion she had witnessed the defendant and the victim engaging in sexual intercourse.
However, she did not inform the grandmother about the other incident because of the grandmother’s angry reaction when she first raised the matter.
In 2024, the neighbour heard noises coming from the victim’s home and went to investigate. She later heard people talking about the victim being pregnant.
As a result of the offences, the victim became pregnant and gave birth to a child. The child is currently being cared for by the victim’s grandmother, while the victim is under the care of the Samoa Victim Support Group.
During sentencing, the prosecution submitted a starting point of 14 years’ imprisonment.
However, Justice Fepulea’i Ameperosa Roma said the defendant’s age meant the provisions of the Young Offenders Act 2007 applied, with the law placing emphasis on rehabilitation and reintegration rather than punishment.
His Honour explained that the Court’s primary concern was to ensure the young defendant took responsibility for his actions, addressed the causes of his offending and moved forward as a responsible member of the community.
In explaining his decision not to impose imprisonment, Justice Roma stated:
“I am satisfied that there is a reasonable alternative to imprisonment available in this case and that a custodial sentence, being a measure of last resort under the Young Offenders Act 2007, is neither necessary nor appropriate.”
However, His Honour made it clear that the seriousness of the offending could not be overlooked.
“Make no mistake, these offences are extremely serious,” he warned.
“Were it not for your age and the considerations arising under the Young Offenders Act 2007, you would be sentenced to imprisonment, and the only issue would be for how long,” Justice Roma stated.
The Judge said the sentence reflected an opportunity being afforded to the defendant because of his youth and prospects of rehabilitation.
His Honour delivered a strong message to the young defendant, warning him that the opportunity must not be wasted.
“The sentence I impose today reflects an opportunity afforded to you because of your youth and your prospects of rehabilitation. It is an opportunity that must not be wasted.”
“It is now your responsibility to demonstrate, through your conduct, that the confidence placed in you by your family, your school, and this Court is justified,” Justice Roma said.
The defendant was sentenced to three years under supervision, ordered to complete 200 hours of community service and required to attend all youth programmes conducted by his church and village.
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