A Donegal man who raped and sexually abused his young daughter a decade ago has been jailed for 10 and a half years.
Michael Carter (55) was found guilty last month following a trial at the Central Criminal Court of one count of rape and 25 sample counts of sexual assault between June 2010 and June 2014, when his daughter, Karen Harkin, was aged between nine and 12.
The court was previously told that Carter, of Kinnego, Ballymagan, Buncrana, Co Donegal, does not accept the verdict of the jury and maintains his innocence.
Ms Harkin, now 22, waived her anonymity so her father can be named. Ms Harkin's parents were separated, and the court has heard the abuse occurred when she visited her father's rented home between 2010 and 2014.
Imposing sentence on Tuesday, Ms Justice Karen O'Connor said Carter took advantage of his position and abused his daughter when he should have protected her.
She said there had been a “massive breach of trust” between a father and his young daughter.
Ms Justice O'Connor said it is an aggravating feature that the abuse took place in Carter's home, a place where the victim “should have been safe”.
The judge said she agreed with the Direction of Public Prosecutions' assessment that the rape charge falls into the more serious category for sentencing due to the aggravating features.
She noted other aggravating features include the age difference between the defendant and the victim, the considerable period of time involved and that some of the sexual assaults were of “serious gravity”.
The judge also noted there was a “pre-mediated element” to some of the offending and that Carter watched pornography in the presence of the victim. She said some of the abuse took place in a bath, “a place any child should feel nurtured and safe”.
Repeated abuse
Ms Justice O'Connor set a headline sentence of 12 years in respect of the rape count, noting that it took place in an environment where the victim was “sexually abused on a regular basis in the living room, bathroom and bedroom” of Carter's home.
She imposed a sentence of 11 years in respect of the rape count, with the final six months suspended for 12 months on strict conditions, including one year's post-release supervision by the Probation Services.
She also handed Carter a sentence of eight years in relation to the sexual assault counts, with all sentences to run concurrently. The judge backdated the sentence to June 28th, when Carter entered custody.
Ms Justice O'Connor noted that Carter did not plead guilty and that form of mitigation is not available in this case. Carter has also not expressed any remorse and does not accept the jury's verdict.
She noted that prison can be more difficult for someone entering custody for the first time at 55. She also noted that Carter will be a registered sex offender.
During the earlier sentence hearing, the court heard that Carter would watch pornography while the victim was present and he would touch her vagina.
The court also heard that Carter would remove the victim's trousers and underwear and rub himself on top of her. She would struggle to breathe during these incidents, the trial was told.
Carter also touched the victim inappropriately while she was in the bath and would occasionally get into the bath with her and abuse his daughter.
On one occasion, Carter raped the victim but stopped when she screamed. She then ran into the bathroom and noticed she was bleeding.
When interviewed by gardaí, Carter denied any wrongdoing.
Shame and guilt
Reading her victim impact statement into the record on Monday, Ms Harkin said she felt an “unbearable amount of shame and guilt” for what had happened to her.
She said the abuse left her feeling “dirty and tainted and broken”.
She added that she is scared people will judge her and be “disgusted by the fact that I was abused by my father”.
“The only reason I feel all this is because of him because he manipulated me into thinking that this was all my fault. But how could it be? I was nine and a child. I didn't even know what he was doing, so how could I be at fault?
“He was my father. He was the one person who was supposed to care for me and keep me safe, but he didn't. He knew what he was doing, and he did it anyway. I shouldn’t have to live my life feeling sorry for him, carrying his shame”.
Ms Harkin said she has chosen to “no longer imprison myself in the feelings of guilt and shame that are not mine to carry”.
“This is the justice that nine-year-old me deserves, and standing here today is the only way I could have gotten it, and for that, I am so proud of myself.”
Ms Harkin also expressed the hope that speaking out will help to reduce the stigma that this abuse carries with it and “give others the courage to tell their story, to get justice for what they have been through”.
Wishing the victim the best for the future, Ms Justice O'Connor said Ms Harkin is an “incredibly strong and determined young woman”.
Noting that Ms Harkin said in her victim impact statement that her nine-year-old self “would be so proud”, Ms Justice O'Connor said: “The court agrees in abundance.”
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/, or visit Rape Crisis Help.
