Police v Aeau [2026] WSSC 11 (17 March 2026)

IN THE SUPREME COURT OF SAMOA
Police v Aeau [2026] WSSC 11 (17 March 2026)

Case name:	Police v Aeau:
Citation:	[2026] WSSC 11
Decision date:	17 March 2026
Parties:	POLICE (Informant) v PASI AEAU (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea'i Ameperosa Roma
On appeal from:
Order:	On each of the 6 counts of sexual violation by rape, you are convicted and sentenced to 15 years’ imprisonment. Sentences will be served concurrently less time you have already spent in custody.
Representation:	F. Ioane for Prosecution T. Leavai for the Defendant
Catchwords:	Rape – sexual violation – two victims – familial connection – occurred multiple times - impregnated victim – threatened victims – breach of trust – pre-meditation – age disparity – vulnerability of victims – emotional harm – physical harm – psychological harm – apology – village penalty imposed – first offender – custodial sentence.
Words and phrases:
Legislation cited:
Cases cited:	FT v Police [2023] WSCA 5; Key v Police [2013] WSCA 03; Police v Faatauvaa [2019] WSSC 11; Police v Eteuati Nanai Williams (3 July 2020); Police v LTT [2022] WSSC 46; Police v MJV [2020] WSSC 8; Police v PT [2021] WSSC 83.
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

PASI AEAU

Defendant

Counsel: F. Ioane for Prosecution
T. Leavai for the Defendant

Sentence: 17 March 2026

SENTENCE

An Order is made to suppress publication of the victims’ names and village. The Order does not extend to the defendant.

Charges

1. You were charged originally with seven counts of rape and seven of having sexual connection with a dependent family member under the age of 21 years. You denied all charges, but on the 3^rd November 2025 when the hearing was to take place, prosecution withdrew eight charges, leaving six counts of sexual violation by rape. Through counsel you vacated your not guilty pleas to those charges and now appear for sentence.

Offending

2. From prosecution’s amended summary, your offending involves two victims. The first is a 21 year old female of (x-village) and (y-village), she was 19 at the time of the offending. The second is her younger sister, now 17 years of age but 15 at the time of offending. Both are your step daughters.
3. The offences occurred between July 2022 and January 2023 when you were living with the victims’ mother and your young children at (y-village). There you cultivated an ava plantation as a means of earning income.
4. In respect of the first victim, the first incident occurred on the 18^th July 2022 when your wife and mother of the victims had left for Salelologa to sell ava. Between 2 and 3am, you approached her when she was sleeping. You began caressing her legs, she told you to stop and pushed you away but you whispered “ga o le kasi a”. You then got on top, removed her shorts and parted her legs, rubbed your penis on her vagina and fondled her vagina. As she moved around to avoid you, you forcefully managed to insert your penis inside her vagina and had sexual intercourse with her until you ejaculated. The summary says she felt pain and lost her virginity to you. She could not tell her mother what happened the following morning because you were always around.
5. The second incident occurred two days later when again your wife went to sell ava and oranges at the Salelologa market. You approached the first victim who was sleeping, forcefully removed her clothing, penetrated her vagina with your penis and had sexual intercourse without her consent then left after you were satisfied.
6. The third occasion happened two days later. Again your wife had left for Salelologa to sell ava. Around 3am after drinking alcohol you approached the victim who was sleeping. You forcefully removed her clothes as she struggled to move and push you away, you penetrated her vagina with your penis and had sexual intercourse without her consent.
7. Five months later you repeated your behaviour only this time, her younger sister became the victim. Around 2am when your wife had left to go to Salelologa, you approached the second victim sleeping. You removed her t-shirt and bra, kissed her on the lips and moved down to her breasts before forcefully removing her shorts and panties. She tried to fend you off but you held her down, you got on top and forcefully penetrated her vagina with your penis. She screamed and cried before you got up and left.
8. The second victim followed you outside and told you she knew it was you. You threatened to kill her if she told anyone. The following morning when her mother returned, she tried to approach her, but you intervened and again threatened to tie her to a pole and cause her harm.
9. Two nights later, you again approached the second victim sleeping. You forcefully removed her shorts and panties, rubbed your penis on her vagina before engaging in sexual intercourse without her consent. You continued to threaten her harm if she told anyone.
10. The following day again in the absence of your wife who seems to be the only one leaving to sell ava at night, you approached the second victim the third time in her sleep, repeated your offending by having unlawful sexual intercourse without her consent.
11. Your conduct came to light when the first victim fell pregnant and had difficulty giving birth. She told her aunty you are the father and she was scared to tell her mother. The matter was then reported to police and thus the charges you face. You told probation you were wrongly accused by your wife’s family, but later sought to withdraw that statement through counsel.

Victims

12. Again the victims are sisters. The first is now 21 years of age, 19 at the time of the offending. She became pregnant and gave birth to a baby who was adopted out. The second victim is now 17 years of age, 15 at the time of offending. In their respective victim impact reports, they explain the impact of your conduct on them physically, mentally and psychologically. They were threatened harm if they told family. The younger of the victim says that only after this matter came up, was she told by family that you are their stepfather, she wants to have nothing to do with you anymore.

Aggravating Factors

13. The aggravating features of the offending are:
    • (i) familial relationship - you were their stepfather, and them your stepdaughters;
    • (ii) breach of trust as a result of that familial relationship;
    • (iii) premeditation;
    • (iv) age disparity - you are now 41 years of age, the age disparity between you and first victim is 20 and 24 in respect of the second victim;
    • (v) vulnerability of the victims given their age and your relationship;
    • (vi) two victims involved;
    • (vii) multiple offending - there were six 6 incidents, 3 involving each victim;
    • (viii) impact on the victims.

Mitigating Factors

14. I consider the following:
    • (i) your guilty pleas to the charges;

(ii) apology rendered to your wife’s family on your behalf;
(iii) punishment and penalty imposed by your village confirmed by a matai of your family. It involved presentation of fine mat, money and food items.
(iv) your personal circumstances - you are 41 years of age, father of eight children including your wife’s daughters from a previous relationship. Your counsel says you are a talented carpenter, skilful fisherman and a successful kava and cocoa farmer. In a testimonial by your church minister, you are described as a hardworking person that your family depends on, and render good service to the village, church and the clergy. I consider your expression of remorse this afternoon. You are a first offender.

Discussion

15. The offence of rape attracts the highest penalty available under our criminal law, life imprisonment. Clearly parliament intended the law to provide for the protection of females – women to young girls - from sexual abuse and violation by males including close family members.
16. Sadly this is another case of daughters being sexually violated by their stepfather in the sanctity of the home where they should have been protected, loved and felt safe. That it involves two daughters each on multiple occasions, and one giving birth to your child as a result aggravates the level of your offending.
17. In passing sentence, denunciation and deterrence must continue to be key considerations. And the court must continue to impose long sentences of imprisonment to reflect society’s condemnation of such conduct and deter offenders and other like minded fathers who fail in their duties as parents.
18. Sentencing in rape is determined in accordance with the bands set out in the Court of Appeal judgment in Key v Police [2013] WSCA 03. Prosecution submit that your offending falls under Band 4 with a starting point of 19 years to life imprisonment. Prosecution rely on the case of Police v Faatauvaa [2019] WSSC 11 (18 January 2019); Police v Eteuati Nanai Williams (3 July 2020); Police v MJV [2020] WSSC 8 (24 January 2020; and the Court of Appeal decision in FT v Police [2023] WSCA 5. I also consider the submission in response by your counsel in respect of those authorities.
19. I have also had regard to two other cases Police v LTT [2022] WSSC 46 (2 August 2022); and Police v PT [2021] WSSC 83 (23 November 2021).
20. Taking all matters into account in particular the aggravating features of the offending and sentencing authorities I have referred to, I accept that your offending falls under Band 4.
21. I apply the totality principle and adopt 21 years as the appropriate start point. From that term I make these deductions - for the apology, reconciliation and your expression of remorse I deduct 12 months. For the punishment imposed by the village I deduct another 12 months. For your personal circumstances including the testimonials in support of your previous good character I deduct another 12 months. The remainder is 18 years. I make a final deduction of 3 years for your guilty pleas. The end sentence is 15 years.

Result

22. On each of the 6 counts of sexual violation by rape, you are convicted and sentenced to 15 years’ imprisonment. Sentences will be served concurrently less time you have already spent in custody.

JUSTICE ROMA