Penticton man gets two years for sexual interference with daughter

CONTENT ADVISORY

PENTICTON – A Penticton man has pleaded guilty to sexually interfering with his daughter and was sentenced to two years in prison today.

The 46-year-old Penticton man entered a guilty plea to sexual interference of a person under 16 in Penticton court today, March 18, following a series of sexual encounters between Aug. 1, 2015 and Aug. 31, 2016, involving his daughter.

The father cannot be identified due to a court ordered publication ban to protect the identity of his daughter, so will be referred to as J.

Crown prosecutor Nashina Devji told court the incidents began in the family home when the victim was 14 or 15 years old, beginning with her father tapping her butt with his hand while she was naked. On another occasion the father began by scratching her back, moving his hands down to her butt. He also fondled her breasts.

Court heard the sexual touching continued during spring break in 2016, and a few months later when J attempted sexual intercourse with the victim in her bed, he told him to stop, which he did. He asked his daughter to “please keep this secret” and left the room.

The victim didn’t know how to react, wanting to get away, but not knowing what the consequences would be, Devji told the court.

In the summer of 2018 the victim told a trusted adult about the sexual touching and her mother was notified. She confronted her husband, who admitted to the crime. She said his actions “devastated” his daughter physically and mentally, in addition to causing similar impacts to the family as a whole.

Devji said the long term effects of his behaviour on the victim were unknown, but did note his guilty plea saved her from traumatizing testimony in court. She also said the accused had family support, even from his wife, who was trying to come to terms with his actions in the hope of “some degree (of family) unity in the future.”

Defence lawyer Duerr said his client turned down the opportunity for a pre-sentence or psychiatric report, preferring to admit his guilt and minimize any sentencing delays so as not to prolong the family’s distress. He said his client takes full responsibility for what he’s done and was hoping to get counselling while in the system to understand why he did what he did.

Duerr also pointed out his client had been experiencing marriage difficulties as well as being diagnosed with cancer at the time of the incidents.

J told the court, “I’m sorry I did these things and I wish I had never done them.”

Judge Andrew Tam called J's three or four instances of sexual interference and single attempt to have intercourse with his daughter “an extremely serious offence.” He noted the breach of trust committed between parent and daughter, as well as the devastating effect the incidents have had on the victim.

Tam agreed to the joint submission from Crown and defence of two years less a day in jail, followed by three years of probation. J also faces a 10-year firearm prohibition and a 10-year restriction from working or volunteering with youth.

As well, any contact with his daughter will be completely at her discretion, and J will not be living under the same roof as his daughter upon release from jail.

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