Police v Tuiloma [2008] WSSC 101 (1 December 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE

Prosecution

AND:

KAPENETA UELESE TUILOMA
male of Nofoalii
Defendant

Counsel: Mr Patu and Ms Tuuga-Faumuina for prosecution
Mr S. Leung Wai for defendant

Sentencing Date: 01 December 2008

SENTENCE BY JUSTICE VAAI

Suppression order will continue. Defendant is 42 years of age, he is married and the victim is his own biological daughter 18 years of age.

This offending by the defendant came to the notice of the authorities when it was reported by one of the church leaders. Between January and August of this year, he had sexual intercourse with his own daughter. I accept from the summary of facts that his daughter willingly consented to the sexual intercourse but that of course is not a mitigating factor. Normally young girls look upon their fathers for guidance, support, protection, care and with sincere trust. Naturally then, when a father requests his own daughter to have sex, and does commit incest with his own daughter, the trust, which the daughter placed upon the father, is completely shattered.

The resulting psychological and emotional harm on the daughter cannot be determined with accuracy at this stage, but it will no doubt be enduring, and destructive and probably cause confusion, distrust and even hatred.

Sexual violation of young girls is a serious offence. It is more serious when a father sexually violates his own biological daughter. The offending destructs family life because the violation of the trust strikes at the very fabric of family life. The sentence to be imposed which must be a custodial one will reflect intolerance and condemnation by society of this rapidly increasing crime within our society.

Young girls are entitled to protection. This Court has emphasised on numerous occasion that stern sentences to punish and deter the offender and to protect young girls must be imposed. The Convention on the Rights of the Child which Samoa ratified requires and obligates society to undertake to protect the child from all forms of sexual exploitation and sexual abuse.

For this offence I take 3 years and 6 months as a starting point. I will deduct six months for the early guilty plea. The defendant will serve three years imprisonment.

JUSTICE VAAI