Police v Semeatu [2008] WSSC 48 (21 July 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE

Prosecution

AND:

UENI SEMEATU
male of Vaiusu-uta and Nofoalii
Defendant

Presiding Judge: Justice Vaai

Counsel: Ms Su’a for prosecution
Mr Malifa for defendant

Sentencing Date: 21/07/2008

SENTENCE BY JUSTICE VAAI

The accused is charged with having sexual intercourse with a girl under 21 years who was his stepdaughter at the time of the sexual offences and was living with him as a member of his family. The accused is 41 years of age, he pleaded guilty on the 26th June to 5 counts of sexual intercourse with his stepdaughter.

These offences took place between May and August 2007. He was interviewed by the police in September and subsequently charged with sixteen charges of unlawful sexual intercourse and one charge of rape. As the result of his not guilty plea the hearing was set for the 26th June 2008 but on that date eleven charges of unlawful sexual intercourse and one charge of rape were withdrawn following the accused changed of plea to the remaining five informations.

In the year 2003 the accused was convicted and sentenced to 5 years imprisonment for a similar offence. In December 2006 the accused was granted parole. He re-offended some 5 months after he was released on parole.

Re-offending while on parole is a revelation of lack of remorse. The probation service has this to say about the accused:

"Ueni was given a chance to redeem himself while under our parole supervision by attending our "Toe Tomanatu programme, however his lack of positive response is evident in his re-offending. Ueni can now be considered a threat to the community especially for the young girls."

I endorse those comments by the probation service. Offending by the accused would have continued if he was not promptly apprehended and placed in custody.

These offences involved the betrayal of the trust of the complainant as the daughter of the accused. It is for that reason that the crime of incest whereupon the father has sexual intercourse with his daughter or stepdaughter is frowned upon by right thinking members of society. It is labelled in Samoan society as ‘mataifale’. Fathers who take advantage of their position of authority to satisfy their sexual lust upon their own daughters deserve no leniency from the court.

Victim of sexual offences including incest are usually young girls who as a result of these offences are deprived of their dignity and self-esteem. As young girls they are entitled to look upon their fathers as their protectors and providers. Home to them should be a place of security, joy and of harmony. It should never be a constant reminder of immoral wrongdoing.

Offences of sexual violations generally attract custodial sentences to punish the offender and to deter him and other like-minded people from offending. This is especially relevant where the father of a young victim is involved.

The sentence to be imposed here must reflect the seriousness of the offence, to convey society’s intolerance of sexual abuses on young girls, to punish the accused and deter the accused and other like-minded people.

The age different of the accused and the victim is 26 years. She was 17 years at the time of the offences. The victim however has since taken a husband and living with the husband’s family. This is significant in that it tends to show the offending by the accused, despite a big age difference, had no major psychological impairment on the victim.

The wife of the accused told the court that she has a young family to support and needs the assistance of the accused. Her young children have suffered and will continue to suffer with the incarceration of the accused. Unfortunately those young members of the family are also the innocent victims of the accused’s offending. When the accused was imprisoned in 2003 he knew his young children and family would suffer. When he re-offended after he was released on parole he knew very well the children would suffer as a result. He made the choice.

The maximum penalty for these offences is 7 years imprisonment. As a starting point I take into account the circumstances of these offences. I take three years and six months as a starting point. For your guilty plea I deduct six months. You will serve three years imprisonment to commence at the end of your present imprisonment terms.

JUSTICE VAAI