A 33-year-old married woman was subjected to a nightmare when her boss indecently assaulted her on a yacht at Vaipua in Vava’u last year.
Limoni Tito Siasau was charged after he committed serious indecent assault by fondling a woman’s vagina outside her clothing without her consent.
Three Crown witnesses were called to give evidence during the trial namely the victim, her husband and a co-worker of the victim. Siasau didn’t call any witness.
A copy of the verdict shows the offender and the victim had known each other as workers for the Sunsail company before the incident.
On February 20, 2020, the victim and Siasau with two other workers were at the company’s yacht yard at Vaipua.
They boarded Kepa, a catamaran with two hulls.
After sending the other two workers to work on another yacht, the Europia, Siasau told the victim she wanted to talk to her about work matters.
At one stage the victim told the court Siasau asked if she still wanted the work in which she said yes.
She said Siasau went down into the cabin and told her to come down so he can show her the work to do.
The work was to scrub the wall with janola and scrape it with silicone.
She said she had her back to a bed in the cabin while looking at what Siasau instructed her to do.
It was at this time Siasau pushed her backwards onto the bed and lifted both her legs and touched her on her vagina through her under garment and tight pants she wore.
She said that he pushed his fingers with the fabric of her pants and undergarment into her vagina before she said: “What are you doing?” in which he said: “ for us to have sex and to make you climax”.
She said she struggled and that she pushed him off before he got up.
She said she made him think that she was not afraid and she told her she had not had a bath and whenever he would ring her at any time, she would be sure to be ready for him the following day.
She said he asked her if she was being truthful and she said that she was.
She said Siasau walked up the stairs before he stopped, turned around and put his pant down and held out her penis and told her to come and suck it in which she refused.
She said she pushed the door of the cabin to shut but that he pushed it open and pulled her hand to hold his penis and told her to make him climax.
But just then, his phone rang before he answered it.
She said after talking to someone on the phone he pulled her hand off his penis saying: “No one will climax that way”. He then masturbated himself and ejaculated onto the floor. She said he told her to get a pillowcase from the bedroom and wipe the semen off.
Siasau left before she heard him got to his vehicle and started up the engine. She then called her husband and asked him to come and pick her up straight away.
Her husband took her to the Police station the following day and filed a complaint.
Denial
Siasau denied his charge saying the victim was lying.
Justice Niu in summing up his verdict said Siasau has admitted that he did what the victim has said about him.
Mr Niu referred to a telephone call between Siasau and the victim’s husband in which Siasau said:
“Have your wife checked because she is not mentally well. In any event, there was no witness”.
Justice Niu said: “ He thereby confirmed that he was alone with the complainant and had done what she said he had done to her but that no one, other than himself, would support her story because no one else was there.”
“Taking into consideration, together with all the evidence I have heard in this trial, and the exhibits which have been produced, and agreeing with Mrs. Kafa as counsel for the Crown with the submissions which she has made, I am satisfied beyond reasonable doubt that the accused committed serious indecent assault upon the complaint on 20 February 2020 at Vaipua as he is charged in this trial, and I convict him accordingly”.
