Father to spend 15 more years in jail for raping daughter

A man who confessed to raping his then 12-year-old daughter on four occasions was slapped with a starting sentence of 25 years as a High Court judge described his actions as “abhorrent” and “reprehensible”.

Giving the 25-year starting sentence on one count of rape, Madam Justice Blair reached a 22-year starting point for the other three counts before making deductions for his early guilty plea, time spent on remand and the delay. The man is left to spend 15 more years behind bars.

“If a child cannot trust her father to protect her, then who can she trust?” the judge queried as she handed down her sentence in the No. 2 Supreme Court on Friday.

The man had pleaded guilty to having sexual intercourse with the child on three occasions between October 1, 2018, and November 7, 2018, and on another occasion between November 7, 2018, and December 31, 2018, knowing that she was his daughter.

“Your action toward the complainant was abhorrent and deserves the strongestcondemnation. You took advantage of the complainant’sand made sure she did not expose your depraved behaviour by paying her like a common prostitute.

Although you sought to blame your actions on some external force after the first encounter, you made no attempt to stop.

Rather, you stopped your child from going to school so that you satisfy your sexual deviance. On one occasion, she was actually dressed for school when you instructed her to take off her uniform, and you had sexual intercourse with her,” Justice Blair told the father as he stood in the dock.

The judge said it was particularly aggravating that the offences occurred in the child’s home and in her parents’ bed.

“Home is designed to be a sanctuary for children. A parent’s bed is a place of refuge when they are sick or when they are in need of comfort. When that sanctuary is desecrated, where does that child find refuge? Therefore, the court considers 22 years of imprisonment to be a reasonable starting point for the first offence, 25 years imprisonment for the second count and 22 years for the third and fourth counts,” she stated.

Justice Blair said while there were mitigating features to the offender, including his positive pre-sentence report and the fact that he was deemed to have a low risk of recidivism, no adjustment would be made to the starting points due to the offence being committed against the child on multiple occasions and the father’s refusal to take personal responsibility for his actions.

“The court did not adjust the sentence downward because you repeatedly had sexual intercourse with your daughter, which only stopped after she confided in her friends and you were exposed.In fact, your daughter mustered the courage to escape from your clutches after she realised that you wanted to have sex with her again that day,” Justice Blair said.

Insisting that sexual offences against a minor were some of the most serious crimes, the judge said it had the potential to ruin a child’s life forever and, as such, penalties must be commensurate.

She told the man that he was left having to serve 15 years on the second count and 13 years on the remaining three. The sentences are to run concurrently.

In addition, she ordered that he undergo psychological counselling at Dodds Prison.

Principal State Counsel Joyann Catwell prosecuted the matter, while attorney Kevin Miller represented the convicted man.
The complainant’s statement indicated that the first occasion her father raped her was a day he told her to stay home from school because she was unwell.

Her mother had already left the house, and he called her intohis bedroom, told her to lie down next to him and began massaging her. He removed his pants and her clothes and forced himself on her. Later that afternoon, her father called her out of her bedroom and into his, told her he would give her money and raped her again.

The minor also described other instances to the police, saying she did not tell anyone initially due to feeling scared and ashamed.

In his statement to the police, the father described being stressed due to bills not being paid on time, things not being done in the home and his declining relationship with his children’s mother.

He recalled that on the morning of the first incident, after feeling like he was “losing” himself, he called his daughter into his room and “the next thing I knew, I was naked with my daughter”.

The man also told police that he had been alone with his child many times before and never had thoughts of doing anything like that, but felt manipulated and controlled by a voice in his head.