A 39-year-old man whose teenage daughter recorded him while he was attempting to rape her has been sentenced to more than 39 years in prison for the offence and two previous counts of rape.
Justice Rickie Burnett sentenced the man on two counts of rape and one count of attempted rape at the High Court in Kingstown on Monday.
The court heard that the man returned home one night between November 2020 and January 2021, when he met his 14-year-old daughter and her younger cousin at home.
His daughter opened the door for him, and he “affectionately” rubbed her head and then asked if she does not sleep.
Later that night, the daughter went to collect money from her father.
The man touched his daughter’s vagina, threw her on the bed, put on a condom and had sex with her, causing her to bleed. The child cried and screamed but the man continued.
He then gave her the money.
The second count of rape occurred between March 31 and May 1, 2021. The man drove his daughter to a beach, undressed her, went in the passenger seat and had sex with her.
The attempted rape occurred on July 6, 2021, after the victim turned 15, when the girl had gone to collect food from her father.
The defendant drove her to an area near a school, climbed on her, and put on a condom. His daughter recorded the incident, cried, and objected to his actions. The man removed the condom.
The victim later shared the recordings, leading to a police investigation and the arrest and charge of the assailant.
A jury convicted the man of all three charges after a trial at the High Court.
During sentencing, Justice Burnett said that society must protect children from men like the defendant.
He added that the complainant suffered psychological harm at the hands of her father and that the offence reflects the highest abuse of trust.
The judge noted that society frowns on the man’s actions and referred to historic sanctions such as theatrical shaming, commonly called “mock hangings”.
Justice Burnett said the judicial system now bears responsibility for imposing its own sanction.
When determining the starting sentence, the judge considered the significant age disparity between the man and his daughter.
The maximum sentence for this offence is life imprisonment or 30 years.
Justice Burnett established a starting point of 50% of the maximum penalty, which amounted to 15 years.
Aggravating factors of the offence include the fact that ejaculation occurred and the child’s vulnerability.
A mitigating factor of the offence was the lack of physical violence beyond that inherent in the offence.
There were no aggravating factors regarding the offender, and his previous good character served as a mitigating factor.
Because the mitigating and aggravating factors balanced each other, the sentence remained the same.
The man did not plead guilty, so the court did not reduce his sentence. However, the court credited him a three-month and 26-day discount for time spent on remand.
Justice Burnett sentenced the offender to 14 years, eight months, and five days in prison on each count of rape, to run consecutively.
For attempted rape, the judge considered that the child suffered serious psychological harm, the offender planned the offence, and that she was young and vulnerable.
He began sentencing at 15 years, which is 50 per cent of the maximum sentence.
The court concluded that the mitigating and aggravating factors balanced each other. The judge deducted the three months and 26 days spent on remand, resulting in a sentence of 14 years, eight months, and five days.
The judge explained that the court must assess if the total sentence becomes disproportionate to the offender’s overall criminality or destroys his prospects for rehabilitation.
Justice Burnett then reduced the 14-year sentence to 10 years’ imprisonment.
After the time spent on remand was deducted, the man was left to serve a final sentence of nine years, eight months, and five days in prison for attempted rape, to run consecutively to the sentences for rape.
The court also ordered the man to undergo 10 years of counselling.