Police v Taula [2008] WSSC 49 (21 July 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

FILIFILI TAULA
male of Lalomanu Aleipata
Defendant

Presiding Judge: Justice Vaai

Counsel: Ms Su’a for prosecution
Ms Fotu for defendant

Sentencing Date: 21/07/2008

SENTENCE BY JUSTICE VAAI

The accused is 47 years of age, single and unemployed. He appears for sentence on four charges of rape. At the time these offences were committed the accused was living at Tafatafa Falealili and employed there at one of the resorts.

The summary of facts which is not disputed and the probation report both speak about the circumstances surrounding the offending by the accused. Those circumstances are very disturbing.

(1) You first saw the young victim who was only 11 years of age at the time walked past your place and you were instantly attracted to her despite her obvious young age. You inquired about her parents and she told you that they were at a neighbouring village. You then followed her to her home. She was alone. You asked her to follow you so you can show her how to perform indecent acts. When she refused you forcibly took her to a place where you made her touch your penis while you fondled with her vagina. This was followed by you licking her vagina before you proceeded to rape her. She was in pain. You took advantage of your size, strength and age to pin her to the ground. When you finished you gave her $2 to buy twisties.

(2) This first incident of rape was followed by three others in very similar circumstances. Your offending was brought to the attention of the police when you were caught by one of the victim’s younger brother who immediately told his parents.

(3) On all the four occasions the accused raped the victim, she was alone. The accused approached the victim at her home when the parents were not present. She was taken away from home to a secluded area to avoid detection.

(4) Indecent acts preceded rape in each of the four charges of rape.

According to the victim’s impact report the victim suffered pain and discomfort during the sexual encounters. She also suffered migraine as a result of the accused’s offending. Psychological and Emotional damage have been implanted on this young girl.

Like many other victims of sexual abuse she has attributed the blame partly on herself for not trying harder, despite her young age and inferiority in strength to resist the accused. She has isolated herself to avoid malicious and cruel gossip from her extended family and village folks. Other than her father she has developed a fear and distrust towards men.

At the tender age of 11 years this young girl has been deprived of her self esteem; she has been denied the right to develop as a young lady through to maturity in a loving and caring atmosphere which she expected our society to provide for her. She was quite entitled to have that expectation.

Very often the victim’s of rape cases and other sexual offences which come before the court are young girls. It is very disturbing to note the increase incidents of sexual offending despite considerable severe sentences being imposed by the court. Young girls are entitled to expect that within our society they can move about without fear of being sexually harassed or being preyed upon by the male gender of society.

The disturbing facts in this case should be met by an appropriate severe sentence to express to the accused and other like-minded people that society cannot condone such conduct. A lengthy custodial sentence is called for to deter, to reflect the gravity of the offence and to punish the accused.

The accused has shown no remorse for his offending. This is reflected in the probation report. His apparent lack of remorse will not increase the sentence to be imposed; he will simply not be entitled to the benefit of reduction in the sentence.

The circumstances and four incidents of rape in my view require a starting point of twelve years imprisonment. For the emotional and psychological harm as a result of the offending I will add 18 months imprisonment. Rapes were calculated and premeditated I therefore add another 12 months. In mitigation I deduct 6 months for the previous good record. You will serve 14 years imprisonment for each offence and they will be served concurrently.

JUSTICE VAAI