A YOUNG girl says sexual offending towards her by her father over an 18-month period made her sad, as she wondered why it happened to her and not anyone else.
The father, who cannot be named for legal reasons, was jailed after having been found guilty of two counts of conduct charges of sexual penetration of a child or lineal descendent and one count of conduct charge of sexual assault of a child under 16.
Judge Fran Dalziel told the Victorian County Court in sentencing late last month that when she asked her father why she had to engage in sexual behaviour, he said “it feels nice”.
The Guardian has chosen not to detail the offending.
Judge Dalziel said as to the frequency of the offending conduct, the victim’s evidence was that it was a “regular occurrence”.
“Although she estimated it occurring more than 80 times, I am mindful, in assessing her estimate … she might have difficulty with assessing quantities or how often something occurred,” Judge Dalziel said.
“I do accept that the offending would have happened both during the week and on the weekend, and did so regularly and many times over a period … from 2022 until July 2023.
“She said that the offending conduct made her sad, as she wondered why it happened to her and not anyone else.
“She also felt angry, because she would want to have a good day but could not, because of you.
“She would pretend it was tickling her, as an excuse to move away, and told the police officer, ‘I [didn’t] want to be rude and say that it – it hurts, because I could have told him a long time ago, because he’s been doing it for so long. So I don’t want to say’.”
The victim’s mother saw photos on an iPad which “concerned her”, before she took both of her daughters to the Swan Hill police station where the victim disclosed the offending.
The offender was interviewed and denied knowing anything about the allegations.
He said the relationship with his daughter was “fine” and he had a “normal father-daughter relationship”.
“You stated that you understood the seriousness of the allegations, and expressed concern that your life was already over,” Judge Dalziel said.
“You maintained that the offending had not happened, including giving evidence to that effect before the jury. Clearly the jury rejected your evidence.”
Judge Dalziel said the victim had an otherwise good relationship with the offender, and enjoyed trips to the park and swimming pool.
“She would do her best to try to avoid the sexual activity you required of her, but you persisted, for your own gratification,” she said in sentencing.
“It is clear from her evidence that she was habituated to your offending.
“Finally, you told her not to tell anyone and encouraged her to believe that her mother would be angry with her.
“This was persistent offending, taking advantage of the power you had over her, by your position as her father.
“You had the chance, again and again and again, to realise what you were doing was wrong, and yet you continued to abuse her.”
In her victim impact statement, the victim expressed “deep anger and resentment towards you, both for her experience of the offending and for your denial that it took place”.
“She stated that you made her life miserable, that she has ‘bad thoughts’ that need to be locked away, and that calling you her dad makes her feel sick to her stomach,” Judge Dalziel said.
Judge Dalziel considered the offender had good prospects of rehabilitation.
“Whilst you have many protective factors in your life, these were effectively all in existence at the time you were offending,” she said.
“It is to be hoped that the findings of guilt, and the time serving your sentences, will act as a sufficient deterrent upon you.”
Judge Dalziel said sexual offending against children was always to be “deplored”.
“When that offending is committed by a parent, against a young child, the erosion of trust, the abuse of power, and the fundamental threat to the child’s wellbeing is regrettably well understood by the courts,” she said.
“Incest has rightly been described by other judges as abhorrent and repugnant.”
The father was sentenced to 17 years’ prison with a non-parole period of 13 years.
He will be on the sex offenders register for the rest of his life.
