Sometime in September 2015, on Patta Island, Chuuk State, defendant Sino followed the victim who was on her way to buy diapers for her aunt. Sino urged the victim to let his own daughter buy the diapers and lured the victim to go with him to his house to have sex with him in exchange for marijuana. A few days after, Sino sent his daughter to call the victim who was at her house and told her that her father wanted to see the minor. When the victim went to see Sino at his house, he urged her to have sex with him in exchange for $2.00 which he paid her after having sex with her. This was repeated a few days later.
On separate occasions in 2015, defendants Angken, Loves and Shiro lured the same victim to have sex with them in exchange for payment. The 4 defendants worked together as leaders of a church parish.
On February 17, 2016 the (FSM) Government filed a Criminal Information charging defendant Sino with 3 counts of trafficking in children, defendant Angken with 1 count of trafficking in children, defendant Loves with 1 count of trafficking in children, defendant Shiro with 1 count of trafficking in children, and all 4 defendants with 1 count of conspiracy to commit trafficking in children.
Defendants filed a Motion to Dismiss which was denied by the Court on March 29, 2017. Defendants thereafter filed a Motion to Dismiss on Lack of Subject Matter Jurisdiction. The Court denied the Motion to Dismiss on August 2, 2017.
The trial began on June 6, 2018 for all four of the defendants. During trial, the testimony of one witness (the Child Victim) for the Government and the entry into evidence of one exhibit for the defendant Sino (Child Victim's Birth Certificate) were submitted. No witness testimony was taken for the four defendants.
After the close of the Government's case, the defendants moved for judgments of acquittal upon the respective counts being charged against each of them. The Court granted the motions except for one count of Trafficking in Children per defendant.
n June 14, 2018, defendants Loves and Angken filed a Renewal of Motion for Judgment of Acquittal After Finding of Guilt. The Court denied the motion finding that there is evidence reasonable persons could find guilt beyond a reasonable doubt.
The defendants’ motion also contained a Motion for Specific Findings of Fact, which the court found was untimely filed.
Section 612. Definitions.
(1) ”Child” means any person below the age of eighteen at the time of the commission of an offense under this chapter.
(2) “Commercial carrier” means a legal or natural person that engages in international or interstate transportation of goods or people for commercial gain.
(3) “Exploitation” means:
(a) the obtaining of financial or other material benefit from the prostitution of another person;
(b) the exaction of forced labor or services, or the obtaining of labor or services through deceit, fraud, or by means of a material misrepresentation;
(c) slavery or practices similar to slavery.
(4) “Forced labor or services” means work or services, the solicitation of financial or material benefits, or the donation of body parts or organs, exacted under the threat of any penalty and for which the person concerned has not offered himself or herself voluntarily. It does not include the performance of reasonable and lawful work or services by a child at the behest of a parent or legal guardian.
(5) “Practices similar to slavery” include debt bondage, serfdom, and forced marriage.
(6) “Prostitution” means illicit sexual services performed for financial or material benefit.
Section 616. Offense of trafficking in children.
A person who knowingly recruits, transports, transfers, harbours, or receives a child by any means for the purpose of exploitation shall be guilty of child trafficking. Upon conviction, a person guilty of this offense shall be imprisoned for not more than 30 years, or fined not less than $5,000 but not more than $50,000, or both.
*source: Sherloc
FSM Supreme Court Trial Division
FSM v. Shiro, 21 FSM R. 195 (Chk. 2017) Order Denying Defendants’ Motion to Dismiss and Setting Plea Hearing [March 29, 2017] http://www.fsmlaw.org/fsm/decisions/vol21/21FSMR195.html
FSM v. Shiro, 21 FSM R. 331 (Chk. 2017) Denial of All Defendants' Motions to Dismiss [August 2, 2017] http://www.fsmlaw.org/fsm/decisions/vol21/21FSMR331.html
FSM v. Shiro | Judgment of Conviction; General Findings; and Set Sentencing [June 11, 2018]
- Case file provided by Pacific Islands Legal Information Institute (PacLII) sourced from the FSM Supreme Court
FSM v. Shiro, 21 FSM R. 627(Chk. 2018) Motion for Special Findings and Renewed Rule 29(C) Motion for Judgment ff Acquittal by Defendants Loves and Angken [July 5, 2018] http://www.fsmlaw.org/fsm/decisions/vol21/21FSMR627.html
FSM v. Shiro | Judgment of Conviction and Sentencing Order [August 9, 2018]
- Case file provided by Pacific Islands Legal Information Institute (PacLII) sourced from the FSM Supreme Court
FSM v. Shiro, 21 FSM R. 195 (Chk. 2017) Order Denying Defendants’ Motion to Dismiss and Setting Plea Hearing,
Decided March 29, 2017
FSM v. Shiro, 21 FSM R. 331 (Chk. 2017) Denial of All Defendants' Motions to Dismiss
Decided August 2, 2017