Father jailed for sexual assault of daughter

The Supreme Court has condemned the actions of a man, who sexually assaulted his 12-year-old daughter, on three separate occasions. 

“This is a gross breach of trust by the accused,” said Justice Tafaoimalo Leilani Tuala-Warren in her sentencing remarks.

“The victim is his biological daughter and he committed the offence in a family environment where she is entitled to grow up safe and protected by her father from this sort of behaviour.” 

Justice Tafaoimalo pointed out the accused breached his legal duties as a father. The 45-year-old father was sentenced to three years and eight months, for one charge of sexual connection and two counts of indecent act.  During sentencing, Justice Tafaoimalo suppressed the details and identity of the victim and the defendant. 

The victim is the youngest daughter of the defendant’s five children. 

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Justice Tafaoimalo noted there has been reconciliation within the family, however there is a protection order against the father.

In the pre-sentence report, the father expressed remorse and that he does not recall the inappropriate acts, as he was intoxicated on all three occasions.

In the victim impact report the daughter said she was shocked that “he had done those disgusting things” and “that she did not feel like his daughter when he did these things to her.”

Her mother says that the victim has been traumatised, she herself is heartbroken and their family will never be the same again. Her daughters do not feel safe around their father.

Despite the hardships as a result of what occurred, the mother is adamant that she can take care of her children. 

Justice Tafaoimalo also took into consideration “premeditation” given the defendant gave her $10 on the first occasion and told her not to tell anyone.

“A strong deterrent sentence will be imposed today. Fathers, whether they be biological or stepfathers must realise the position, duty and responsibility they hold in relation to their daughters. 

“Their treatment and upbringing of their daughters affects those girls lives either positively or negatively. It is a duty and responsibility that must be carried out in a way which nurtures girls into extraordinary members of society,” said Justice Tafaoimalo. 

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