Victim says all trust lost

Victim says all trust lost

COURTS: A 39-year-old man who molested his biological daughter for years beginning at age seven, and another relative, will be sentenced April 8

She asked the question that haunts her every day.

"Who does daddy's little girl trust when she can't trust daddy?" the 18-year-old woman wrote in a victim impact statement read in the Superior Court of Justice on Wednesday.

Her 39-year old father, bald and wearing glasses, who had sexual intercourse with her for years, sat blankly in the prisoner's box while lawyers argued about how long he's to spend in prison.

A jury convicted him in January of 14 charges that included incest, sexual assault and sexual interference of his biological daughter, voyeurism for watching females use bathrooms in his former residences in St. Thomas, London and Port Stanley, and making child pornography.

The two-week trial was wrenching -- among the evidence the jury saw and heard, were bathroom videotapes and some of the child porn in the man's collection. Some jurors asked for counselling at the end of the case because the images they saw were so disturbing.

At Wednesday's hearing, Justice Dougald McDermid asked if the man, who repaired small engines for a living, had anything to say.

"I would like to take this time and apologize to the court, the people I have hurt, my family and friends for the mistakes I have made," he said, his voice breaking with a small sob.

"The mistakes I made ruined the trust and beliefs these people had in me."

There'd been some distinct changes in his attitude since his not-guilty pleas in January. In a pre-sentence report to the court Wednesday, the man told a probation officer he was "a sex addict" and wanted to apologize for what he'd done.

He told the probation officer he wanted to re-establish a relationship with his daughter to apologize to her. He also requested sex offender rehabilitation.

It was clear damage had been done to his victims.

Two victim impact statements, one from his daughter and one from a female relative who'd been his roommate, were read by assistant Crown attorney Elizabeth Maguire.

The young woman, whose identity is protected by court order, wrote about sleepless nights, no self-esteem, anxiety attacks and "nightmares about my father chasing me."

"I'm afraid of bathrooms. Holes in walls upset me," she wrote.

She's afraid to leave her home and fears wearing clothes that show any skin and "men in general."

"I feel so apart or alone from everyone -- crying all the time, nausea, headaches. I also don't really sleep, can barely eat."

"He made it so trust is very difficult."

Since she came forward to police at 16, the daughter, who was sexually assaulted by her father starting at age 7, has been abandoned by her father's family. Maguire said the girl was sent a message on Facebook from one relative that told her she should have been aborted.

The female relative said what happened to her and other females, including her own daughter, who used the bathrooms, "makes my skin crawl and makes me sick to my stomach with disgust."

She's angry a family member took advantage of her. "This has been a shocking, rude awakening that has stripped us of any trust. Never will we trust again."

Defence lawyer Robert Upsdell suggested five to six years in prison, minus time already spent in custody.

The 18 months would be counted as a two-for-one credit, or 36 months, shaving the sentence down to two to three years.

He pointed out the man has been in protective custody at the Elgin-Middlesex Detention Centre, much of it spent in his cell.

Any sentence imposed would be "crushing." he said.

Maguire asked for 10 years on top of the man's pre-sentence custody.

She said the sexual assaults on the daughter alone were enough for a long prison sentence. Add in the voyeurism and the child porn collection that included hundreds of images and videos the police reviewed of the thousands stored on the man's computer, Maguire said, and the sentence should be in double-digit range.

The man said in his statement he wanted counselling McDermid reserved his sentencing decision until April 8.

Edmonton man who made child pornography of daughters, friends and relatives, sentenced to 11 years prison

Man who made child porn of daughters, friends sentenced to 11 years prison

- An Edmonton judge has reluctantly agreed to an 11-year prison term for a city man who videotaped his sexual abuse of six children, including his own two daughters.

- Provincial court Judge Terry Matchett had adjourned the 37-year-old man’s sentencing last week after saying he was concerned the proposed 11-year joint submission by Crown and defence was too low for the horrific crimes.

- However, he agreed to the sentence on Tuesday, saying he “cannot conclude it is either unfit or unreasonable.”

- Matchett had earlier said he felt the proposed sentence was inadequate due to the the fact there were multiple victims and a “staggering” amount of child porn involved.

- But Tuesday, the judge accepted the submissions that the guilty pleas both showed remorse and spared the victims from “reliving the nightmares” by having to testify.

- Matchett also accepted that there were “evidentiary” problems with the case.

- The man, who cannot be named under a court-ordered publication ban protecting the identity of his daughters, was given 40 months credit for pre-trial custody time, leaving him with seven years and eight months to serve.

- He was also placed on the national sex offender registry for 20 years and banned from going to places where children are likely to be, for 20 years as well.

- The man earlier pleaded guilty to multiple charges, including sexual assault, sexual interference, incest and the possession and making of child pornography.

- According to agreed facts, the man was busted in June 2008 after a tip led police to raid a north-side home where he was living with his girlfriend and their daughter.

- Police seized several computers and eventually found 14,000 child porn images, some made by the accused, and 98 child porn movies, of which he had made 26 of them with his six child victims, including his two daughters.

- Matchett said the “enormous” child porn collection was filled with “disturbing” images taken by deviant predators that would shock ordinary people “to their core.”

- Court heard the remaining victims are a sister of his girlfriend, a cousin of one of his daughters and two friends of the other daughter and all but one of them were asleep when the child porn videos were made.

- One daughter, now 14, told police her father had been sexually abusing her for five to six years. She also said her dad would encourage her to invite friends for sleepovers, but she wouldn’t so nothing would happen to them.

- The man’s other daughter was about three years old when she was sexually abused on video, while the other victims ranged in age from seven to 15 years old.

- According to the agreed facts, one of the victims, who was a friend of the accused’s older daughter, had complained to police about being sexually assaulted by the man in 2004, however some inconsistencies and other concerns resulted in police not proceeding then with charges.

- That same victim also told police she had felt weird when she had woken up the morning after the assault and had difficulty moving her legs, which she described as numb.

- Another victim, who was also assaulted during a sleepover at the accused’s home, told police they were not allowed to have pop, but said the accused would only let them have a glass of milk which he provided to them.

- Matchett said it was aggravating that the sex offender had abused his position of trust with some of the victims, especially his own daughters, and harshly criticized him for abusing them for his sexual gratification, rather than protecting them and giving them a good, loving home.

- The judge also cited some of the victim impact statements filed in the case and noted that one girl had written: “He has stolen my life from me forever.”

- Just before being sentenced, the man apologized.

- “Obviously I have a problem and I’ll deal with it when I get to the penitentiary,” he said.

- Court heard the accused’s girlfriend is also facing related charges and has a trial set for June.

I always say that prison is not effective and does not deter, but in this case, I feel that prison is an appropriate sanction. This man abused his trust as a father and committing some horrible acts against his daughters, sexually abusing them for years. This man needs to be in prison under the principle of incapacitation (so he will not commit more crime) and denunciation (society's disapproval of the crime). He is eligible for full parole in just over 3 and a half years. In prison, he should participate in sex offender programs.