Couple serve lengthy jail sentences for appalling sexual crimes [1]
Tuesday, November 20, 2018 - 19:10
A stepfather was sentenced to 12 and a half years imprisonment for numerous offences that included serious indecent assault of his two young stepdaughters and raping one of them. The mother who helped him commit some of these serious sexual offences was sentenced to seven years three months imprisonment.
Hon Mr Justice Cato in sentencing the couple on November 16, at the Supreme Court in Nuku'alofa said the prisoners were convicted in September, after a lengthy trial.
The court heard the stepfather (56) was not a first time offender as he had previous convictions for indencencies and was imprisoned.
In this case, he was convicted on more than 10 counts that included one of rape and a few for serious indecent assault, indecent exposures and domestic violence.
On these convictions, the judge imposed an overall sentence of 12 and a half years imprisonment, which is being served cumulatively and backdated to when he was remanded for sentencing.
"The most serious sentencing rational in this case is the protection of young women and girls from sexual abuse. In a number of cases in recent years, this Court has sent out a strong message that sexual abuse will not be tolerated. Denunciation or condemnation and deterrence to the prisoners and to others are also required of this kind of sexual abuse."
The judge considered the breaches of trust, the nature of his offending and the injurious nature of it involving also the mother of the girls, with the background of previous serious sexual abuse also of a step daughter for which he served a “condign” sentence, meant that this sentence is not one that could be described as crushing or excessive but entirely appropriate to reflect the seriousness of his offending.
He also agreed with the Crown's observations that the offendings constituted a grave breach of trust and the sentence imposed should reflect it.
Appalling
The girls' mother (42), who was convicted of abetment to the rape, four counts of abetment of serious indecent assault, one count of common assault and another for domestic violence, received an overall sentence of seven years and three months, backdated to the date of her remand in custody for sentencing.
The judge said she was a willing party in her husband's seduction of her daughters, which started with lesser sexual activity in the case of the girls ultimately ending up with the rape of one of them.
“She acted in serious breach of trust,” he said.
"Her actions, which were not, as I have said, under duress, but apparently given willingly (which she continues to deny occurred), were appalling and exhibited a fundamental dereliction of her relationship as a mother to her daughters."
As I have said I see no reason to suspend any part of this sentence. I have also considered in relation to her offending the totality principle and consider that this sentence fairly reflects the overall seriousness of her offending in relation to her daughters, said the judge.
These offences were committed last year in Tongatapu.
The judge has prohibited the publication of any details of the judgments, which might identify the victims and the two accused.