Man charged with sexual conduct with girl under 16 marries victim and escapes custodial sentence
18 April 2019, Mulinuu Apia Samoa. A 31-year-old male of Nofoalii and Fasitoo Tai escaped a custodial sentence on two counts of sexual conduct with a person under 16 years
old when probation presented a report that he was now married to the victim.
According to the police summary of facts the incident occurred between July and August 2017.
Prior to the offending the defendant was entrusted by the victim’s parents to pick up their children including the victim from school.
Anetelea Kuresa, 30 at the time, would pick up the victim and her siblings five days a week using his vehicle. At the time of the offending the victim was 15 years old.
During sentencing this week, probation reports confirmed that Kuresa is now legally married to the victim and they have a 2 month old son.
During sentencing Justice Vui Clarence Nelson said that a custodial sentence would not be appropriate for this matter given the circumstances of the case and the fact that he and the victim are now married.
“O lea ua mae’a ona tuuina mai lipoti faaopoopo a le ofisa faanofovaavaaia mo le mataupu ma faamanino mai le tulaga lea ua iai le lua aiga, o lea ua uma ona lua faaipoipo faaletulafono ma le teineititi lea sa aafia;
“Ou te talitonu e le talafeagai se faasalaga faafalepuipui mo lau mataupu Kuresa.”
Justice Vui warned Kuresa against reoffending, telling him that he would be looking at prison time if he came before the Courts for any type of offending in the future.
“Aua nei toe faia se mea faapea, aua nei toe aafia fua i ituaiga solitulafono faapea poo nisi foi soligatulafono, aua o lea ua pipii le solitulafono i lou igoa;
A faapea e koe aumai oe i se solikulafogo faapea e iu lava iga e oo i le falepuipui.”
Kuresa was given 12 months supervsion and ordered to pay $100 police cost, $100 probation cost and $100 prosecution cost by 4pm the next day.