2015年3月22日 星期日

'Shameless coward' who made own daughter pregnant


(網上圖片)

A father who made his teenage daughter pregnant was branded a "shameless coward" by a judge yesterday as he was jailed for incest.

The 55-year-old defendant, who cannot be named for legal reasons, had tried to make the 17-year-old girl go to the mainland for an abortion. She later gave birth to a baby girl.

He was sentenced to six years and eight months in jail.

High Court Judge Madam Justice Esther Toh Lye-ping said: "The defendant is a totally shameless coward to prey on his own daughter," Toh said. "This is a case where instead of protecting his daughter, he violated her and breached the trust between father and daughter."

The judge said had he pleaded not guilty and been convicted, she was would have sentenced him to 10 years - but she had to reduce his jail term by one third after he pleaded guilty to one count of incest.

Toh urged lawmakers to consider reviewing the maximum penalty of 14 years for incest to allow more severe punishment and said her hands were tied by case precedents and legislation.

The court heard that on October 21, 2013, the man had sexual intercourse with his then 17-year-old daughter, identified as X, who later gave birth. DNA tests proved the man was the biological father of both X and her daughter.

"He selfishly suggested her go to China to have an abortion," Toh said.

Summarising the case, she said that since Form One, X would occasionally wake up to find her underwear had been removed and pyjamas unbuttoned, and an unidentified secretion on her underwear.

The judge added that X's coping strategy was to try to stay awake and wear tight clothes.

Toh said: "The defendant will go to jail and regain freedom when he is released. But one would wonder when X could be released from her prison of psychological distress the defendant so cowardly and single-handedly brought on her."

She urged X to undergo psychological treatment.

The court also heard that the victim had no interest in relationships with men.

In mitigation, defence lawyer Mahinder Panesar said the case had badly damaged the man's family, with his mentally disabled sister later committing suicide.

However, Toh said the repercussions had been brought on by the defendant single-handedly.

This article appeared in the South China Morning Post (d.d. Saturday March 21, 2015)


這篇文章是有關本港一宗亂倫的法庭新聞,是較同類案件嚴重。事件發生於20131021日,被告趁女兒入睡後侵犯她,使她懷孕並誕下女嬰。昨日被判囚68個月。高等法院法官杜麗冰表示社會或會覺得刑期不夠懲罰及阻嚇作用,但她解釋判刑時也受束縛,認為是時候考慮提高亂倫的最高刑罰。 

法官在判刑時說,受害人誕下的嬰兒暫被收養,將不會知道自己在悲劇中誕生。正如法官所說,被告雖被判囚,但刑滿後將獲自由,但其女兒卻要一生承受各種傷害,不知在何時才可以獲得心靈上的自由。被告向親生的女兒施暴,一手剝奪她心靈上的自由、行為瘋狂可恥,斥責被告是懦夫。專家指受害人有創傷後遺症,建議接受治療,但她拒絕。法官在庭上勸勉受害人由踏出第一步作出舉報時,已不再是受害者,反而是一位英雄,鼓勵她踏出第二步去接受治療。 

法官說被告在案發時沒有使用安全套,增加其女兒感染性病及懷孕的風險,事後他也沒有馬上帶女兒求診,破壞父女之間的信任,對女兒造成嚴重的心理影響,屬加刑因素。 

若然細心旁聽整件案件,被告人是沒有任何求情理由;而證據只能涉及單一事件,沒法查找其他證據的控罪,只能讓他逍遙法外。被告人為了一己的私慾,不惜摧毀自己女兒的一生,一手破壞家庭,間接傷害自己的母親和妹妹,若然說他是『禽獸也不如』,簡直是『侮辱禽獸』;若然說他是『人渣』,簡直是『侮辱人渣』。其實近 18 年來,亂倫的案件增多了,稍為留心事件的原委,就會明白箇中原因。


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