Woman wakes to father raping her in living room

A 50-year-old Cherbourg man has been sentenced to six years and nine months jail for raping his 20-year-old daughter.

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The court heard on August 26, 2020, the defendant, who can't be named for legal reasons, and the complainant consumed alcohol and cannabis and at 10pm the complainant went to sleep on a mattress in the defendants living room.

The complainant woke the following morning to find the defendant behind her on the mattress with his penis inside her vagina pushing into her from behind.

After some comments by the complainant, she got up and ran out the door.

She ran to her grandmother's house and made a complaint, she was in a distressed condition and her grandmother flagged down a police car.

After the complaint was made with police they went to the defendants house, however couldn't locate him until the following day, where he was arrested and charged.

Crown prosecutor William Slack submitted three previous cases as reference and said he would be submitting for a term of imprisonment of seven years.

"There are 80 offences on his history with numerous offences of violence in the past, however I do note that there are no sexual offences on his criminal history and I also note that he has a long history of criminal conduct your honour commencing as a child back in 1987," Mr Slack said.

"Turning then to the history of the case, the offence was committed for sentence on the 27th of November 2020, and the indictment was presented on January 21 this year and listed for sentencing at first return mention, so this should be regarded as an early plea of guilty.

"In terms of sentencing principles, in Crowns submission general deterrence and denunciation are important in cases such as this, its submitted this was a significant breach of trust."

The defendant was represented by Barrister Robert Glenday who said due to the early plea, he would be submitting for a shorter term of imprisonment then that of Mr Slack.

"My ultimate submission would be one of six years imprisonment your honour, I say that looking at the cases, the real difference with this particular case is his genuine remorse and the very early guilty plea," Mr Glenday said.

"In relation to his personal circumstances your honour, he was born in Cherbourg, he is illiterate, he only completed year nine at school, that being said though he has had a good work history and generally been employed in Cherbourg area doing stockman type duties, so he generally worked most of his life.

"In 2015 he was referred by family members to hospital due to emotional stress and self-neglect. He spent some time at the Cherbourg Hospital.

"He has struggled with alcohol abuse for a long time your honour and cannabis abuse as well.

"On the night of offending he drank a full bottle of whisky and doesn't recall the offending.

"He expressed his remorse and put his behaviour down to alcohol and complete stupidity."

Judge Gary Long S.C. said the offending involved a significant breach of trust.

"It's noted forensic testing identified that semen was detected on swabs taken from the complainant," Judge Long said.

"Which confirms the unprotected nature of the sexual intercourse, which adds a component potentially to the obvious distress, which must have been occasioned to the complainant.

"There is no victim impact statement from the complainant but this is a case where the court can confidently act on the basis that this must have been a distressing and disturbing occurrence.

"The most significant thing to take into account when dealing with you however is the fact you have pleaded guilty and indicated your intention to plead guilty at a very early stage.

The defendant was sentenced to six years and nine months imprisonment.

174 days pre-sentenced custody was to be taken as time already served.

In respect to the period of imprisonment the defendant's parole eligibility is fixed as 28 August 2022, after serving a period of two years.

*For 24-hour sexual violence support call the national hotline 1800RESPECT on 1800 737 732 or MensLine on 1800 600 636.   

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