COURT: The defendant has pleaded guilty to three counts of rape, contrary to section 118(1) of the Crimes Ordinance, Cap 200.
The victim, X, in this case was born February 2010. The defendant was her biological father. X lived with her biological mother, the defendant (not legally married at the time), and her younger brother in a public housing estate.
Between November 2020 and May 2021, the defendant stayed at home most of the time as he was unemployed. On an unknown date in March 2021, the defendant entered X’s room. He first molested her breast and inserted his fingers into her vagina. He then followed by inserting his penis into her vagina without wearing any condom. X struggled, but the defendant simply ignored her. After a few minutes, he withdrew his penis, and ejaculated outside.
In one Saturday in early April 2021, again, the defendant molested X’s breast, thighs, and private parts. He then removed X’s clothing. Despite the fact that X said “No” to the defendant, he once again inserted his penis into her vagina without a condom. After a few minutes, he withdrew his penis and ejaculated.
In another Saturday afternoon, in late April, the defendant once again removed X’s clothing and inserted his penis into her vagina without a condom. On this occasion, X felt terrible pain and asked the defendant to stop. The defendant ignored her and continued to do so. Afterwards, X went to the washroom and started to cry.
In September 2021, the matter was finally reported to the police and the defendant was arrested.
The defendant is now 39, educated up to Form 3 level. He has no criminal record.
A victim assessment report was obtained. The report indicated that, as a result of these attacks, X had been suffering from major depressive disorder. Her emotional, academic and family functioning had been severely impaired. The aftermath and the life disruption for X and her family continued to affect them until present. Intensive psychological treatment was recommended by the psychologist.
At the time of these incidents, X was only 11, a very young age. The defendant was, at the time, about 36. The defendant was the father of X. This kind of rape, in my view, could be described as the worst kind of rape. This was a serious breach of the utmost trust a daughter placed on the father.
On the second and the third occasion, despite the fact that X shouted for a stop, the defendant nevertheless carried on, and in the third occasion caused great pain and suffer to X. The defendant put his sexual gratification over and above the pain and suffering of his very young daughter. This was particularly bad.
Victim report indicated that X had major depressive disorder. We know major depressive disorder was very, very difficult to treat, and in most of those cases, the disorder will affect the victim for the rest of her life. We know, as a result of the defendant’s attacks, those incidents still cause great discomfort to X and the mother. As I said, such great pain and discomfort, in my view, would no doubt last for life.
A deterrent sentence is called for to show the abhorrence of the society and also the significant grief suffered by X and the mother. Count 3, being the most serious one, would call for a starting point of 12 years’ imprisonment. As to Count 1 and Count 2, a starting point of 11 years will be adopted.
The only mitigation in this case is the defendant’s plea. This will save the daughter, X, from reliving those incidents. A one-third discount will be given for his plea. For Count 3, this will reduce the sentence to one of 8 years’ imprisonment. As for Count 1 and Count 2, that will reduce the sentence to one of 7 years and 4 months each.
To reflect the overall criminalities of the defendant’s continuous attack on his daughter, it is further ordered that 1 year each for Count 1 and Count 2 will run consecutively to the 8 years imposed on Count 3, thus making a total of 10 years’ imprisonment.
For the three counts of rape that the defendant stands convicted, he is, therefore, sentenced to 10 years’ imprisonment.