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Police v Siaosi [2025] WSSC 30 (7 May 2025)

IN THE SUPREME COURT OF SAMOA
Police v Siaosi [2025] WSSC 30 (7 May 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

JASON MAUA SIAOSI (a.k.a.) JASON SIAOSI FAATUUALA male of Letogo and Vaivase uta.

Defendant

Counsel: L. Sio for Prosecution

T. Patea for the Defendant

Sentence: 7 May 2025

SENTENCE

Charge

1. You are being sentenced this morning on one count of rape. You denied the charge but were found guilty by a panel of assessors on the 5th March following a defended three day trial.

Offending

2. The evidence at trial was that in the early hours of the 16th March 2023, the victim LF who is your half sister was sleeping in the small house she occupied at [x-village]. The house is located on the same family land where you, your wife and your parents also live but in a separate house. There was a heavy knock on the door which caused her to wake up. With only a sheet around her, she opened the door and as soon as you entered, you pushed her on the bed, held her mouth and hands, forcefully parted her legs and inserted your penis inside her vagina as she struggled for about ten to fifteen seconds to push you away.
3. You got off and closed the door when your wife Brenda called from outside. She continued to call until you opened the door and got into an argument with her.
4. The victim’s evidence was that around 2am that morning, she called your sister Theresa and told her you had raped her. But prior to that, she tried telling your father SS when she was summoned with you and BS to the front house to discuss what happened, but she was told to go back to her house. According to the victim it seemed to her that she was being blamed for what happened.
5. Four days later when it was clear to her that your family was siding with you and she was not getting any help, she reported the incident to police.
6. At trial you admitted going to your sister’s house that early morning, but said it was to talk about the issues you were having with your wife. You denied there was sexual intercourse. Clearly that was rejected by the assessors. Despite their verdict, you continue to claim your innocence in the presentence report.

Aggravating Factors

7. I consider the following:
   • (i) the breach of trust - the victim was your older sister from the same mother and she expected to be safe around you, not to be sexually assaulted and raped by you;
   • (ii) there was an element of premeditation - you went to the victim’s house late in the night and early the next morning, and as soon as you entered, you held her down and proceeded to insert your penis inside her vagina;
   • (iii) the impact on the victim - she suffered bruising on her cheeks and wrists. In the victim impact report, she says she felt pain in her private part from the forceful penetration by your penis. She also tells of the emotional and psychological impact, when her mother and sister whom she told believed and took your side when she was the real victim. She was told by your mother to withdraw the charges or face disownment. Your family has been labelled names by people from the village and she is constantly reminded of the incident. She also speaks of the impact on her son who knew about what happened. They have since moved out of [x-village]. As to reconciliation she says your mother apologised on your behalf. She doubts it was genuine and saw it an attempt to have her withdraw her complaint and charge against you.

Mitigating Factors

8. I consider:
   • (i) your personal circumstances - from the material you are 21 years old and a father of 6 children. You ended your formal education at Vaimauga College at year 10 level and have supported your parents and children through a number of employments. You are a first offender;
   • (ii) the testimonials in support of your character – your parents speak of your good qualities and say you are a reliable son who is depended upon for their support and that of your children. There is also a reference by Assistant Pastor Fu’aolealofa Sofara of the Worship Centre Christian Church of Samoa. He describes you as a humble, hard working and devout young member of the church. Lastly there is one by your wife Brenda. She confirms you have 6 young children aged 11, 10, 8, 7 and 1 year(s), and the youngest 6 months old. She speaks of the impact of your being held in custody on her and your children, that she cannot support them on her own especially their education. She goes further to say “ou te molimau atu ma lo’u faamaoni ma le agaga maulalo ua telē lava le suiga o si o’u toalua, ua salamo foi o ia, oute talitonu e le toe tupu se faaletonu i le va o ia ma lona tuafafine.”

Discussion

9. What you did constitutes not only a serious crime, but a serious violation of the ‘va tapuia’ (sacred relationship) between a brother and sister reflected in the common Samoan saying “o le tuafafine o le ioimata o lona tuagane” (the sister is the apple of her brother’s eye).
10. The charge of rape attracts the highest penalty available under our criminal law and that is life imprisonment. It is indicative of society’s condemnation of such behaviour and Parliament’s intention to protect females from sexual violation and abuse.
11. In the same vein the Court has handed down lengthy terms of imprisonment as penalty to denounce such conduct, hold offenders accountable for the harm caused to the victims, and most importantly deter them and other like minded males from committing the same offence. A similar penalty will be appropriate in your case.
12. The sentencing bands for rape were determined by the Court of Appeal in Key v. Police [2013] WSCA 3. Prosecution submit that your offending falls under Band 2 where violence and premeditation are moderate and the start point ranges from 9 to 15 years. Ms Sio submits that 12 years is an appropriate start point. She relies on Police v. Raki [2014] WSSC 193; Police v. Pule [2015] WSSC 76; Police v. Ionatana [2017] WSSC 50 and Police v. Sooa [2019] WSSC 55. I have considered those cases.
13. Mr Patea on the other hand submits that should imprisonment be imposed, 2 years will be the appropriate start point. Counsel says that no physical violence was involved which I do not accept, and points to the brief time the offending occurred. Counsel also cited cases in support. Apart from Police v. AV [2017] WSSC 130 which involved one count of rape and eleven counts of incest by a father of his 17 year old daughter, the other five cases cited by counsel are of unlawful sexual connection with a girl under 16 years and provide little if any assistance.
14. Taking into consideration the aggravating features of your offending, the submissions by both counsel and authorities, I accept that your offending falls under Band 2 of Key but at the lower end.
15. I adopt ten and a half years as the appropriate start point. For your personal circumstances including your age and first offender status, I deduct 18 months. For the plea for leniency by your parents I deduct 6 months. For the impact on your young children and the plea by your wife I deduct 18 months. Had there been a genuine apology and proper reconciliation, I would have allowed another deduction. The end sentence is seven (7) years.

Result

16. On the one charge of sexual violation by rape, you are convicted and sentenced to seven (7) years imprisonment, time in custody pending sentence to be deducted.

JUSTICE ROMA