WARNING: This story references child sexual abuse and may be upsetting to readers
The comfort a young girl sought from a nightmare when she climbed into her parents’ bed led to her being raped by her father as her mother slept beside her.
It was the beginning of a four-year nightmare of repeated violations that ended only when the girl left home as soon as she was legally able.
The man, who has permanent name suppression to protect his daughter’s identity, has been sentenced in the Nelson District Court to 12 years in prison with no chance of parole for six years.
The sentence might have been longer but for the offender’s guilty pleas to seven charges ranging from rape to sexual violations and indecencies.
Despite the gravity of the offending, Judge Chris Macklin said the offender’s guilty pleas had spared the victim the trauma of a trial.
“Say what you like about the seriousness of the offending, the deep sense of shame that you no doubt feel, the sheer ugliness of the scale of what has occurred,” the judge said.
“You have, after a time, come to accept what was alleged and you have taken responsibility for it without forcing upon your victim the further indignity of trial.”
Judge Macklin credited the young woman, whom he termed a survivor as opposed to a victim, saying she had survived the offending and the various burdens and obstacles placed in her way.
According to facts summarised by Judge Macklin in sentencing notes provided to NZME, the offending started in 2013.
The young girl had a nightmare and went to her parents’ bed seeking comfort. She cuddled her mother, who was asleep.
Her father got into bed naked and performed indecencies on the girl while covering her mouth with his hand and telling her to be quiet.
He then raped her, causing significant pain and prompting her to cry and ask him to stop.
She was unable to wake her mother.
The facts stated the father then told his daughter, “I love you”, before he rolled over and went to sleep.
Soon after, the child had a nightmare about being raped, went to her parents’ room and tried to wake her mother.
Her father woke first and was “immediately angry” with her.
“You told her that you would come and sleep with her. She responded ‘no’ because she was afraid,” Judge Macklin said in the notes.
The father followed his daughter to her room, where she fell asleep in bed with him and later woke to an indecency he performed on her.
Another indecency occurred while the girl was showering in an outside shower at home.
One charge of unlawful sexual connection related to an incident in which he tried to force his daughter into an act which left her “very scared” during and after what happened, Judge Macklin said.
It happened again one morning after the girl’s siblings, with whom she had been playing, left the room.
She was alone with her father, who grabbed her by the head and forced her under a blanket.
“She was scared and she thought you might not let her out of the room,” Judge Macklin said.
The final charge involved an indecent act committed after the girl felt unable to refuse because she did not want to make her father angry.
Afterwards, he told her to go and make him coffee.
In fixing a sentencing outcome, Judge Macklin said the scale of offending and degree of violation were at the top end for offending involving a single victim.
Two matters he emphasised were the vulnerability of the child and the breach of trust.
“Because this was not any child, this was your daughter,” he said.
Judge Macklin said the breach of trust was remarkable and one of the most significant aggravating factors because the relationship of parent and child required the utmost care and protection.
Crown prosecutor Sophie O’Donoghue submitted the offending was premeditated and planned.
Judge Macklin said there was an element of persistence in the offending that suggested some degree of premeditation, but he did not find the offending was planned.
Instead, it was “impulsive and opportunistic offending”, but that did not mitigate the assessment of culpability.
From a 15-year prison starting point, Judge Macklin said defence counsel John Sandston’s request for a guilty plea reduction was appropriate.
O’Donoghue did not dispute the 15% credit, described by the judge as “somewhat generous” given the lateness of the pleas, but he said it reflected the “significant further trauma” the victim and the wider whānau had been spared by not having to go to trial.
In assessing the offender’s personal circumstances, Judge Macklin acknowledged his conduct was grounded in a “tragic back-story” of his own issues with sexual norms and misconduct.
He said allowing a 5% reduction in sentence to reflect his background circumstances did not excuse his behaviour.
In setting the minimum period of imprisonment, which was not automatically applied, O’Donoghue for the Crown submitted that a minimum period was appropriate.
Sandston, for the defence, opposed it.
Judge Macklin said a pre-sentence report showed an “incredible lack of insight” into the seriousness of what occurred and that the offender posed a moderate risk of further sexual offending and a high risk of harm to others.
He fixed half the 12-year sentence as the minimum term of imprisonment before parole could be considered.
Sexual Harm. Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334.
• Text 4334.
• Email support@safetotalk.nz.
• For more info or to web-chat, visit safetotalk.nz.
• Survivor Experiences Service: 0800 456 090 (8.30am-4.30pm Monday-Friday) or text 8328. This service is for people abused in state, faith-based or other forms of care.
Alternatively contact your local police station – click here for a list.
If you have been sexually assaulted, remember it's not your fault.
