A 43-year-old local who was found guilty of incest on Monday has claimed that it was a case of ‘mistaken identity’ when he had sex with his then 15-year-old daughter nearly two years ago.
Eight of the nine-member jury panel returned with a guilty verdict.
The man – whose name is being withheld to protect his child – testified that he was under the influence of alcohol and thought he was having sex with his girlfriend on the night of December 15, 2016.
Throughout the course of his trial in the High Court, the Crown relied on the victim’s testimony, DNA evidence, as well as the testimony of a retired police officer who reported the matter after the sexually-assaulted minor raced to his home asking for help on the night in question.
The incestuous dad is now in custody awaiting his sentence which is scheduled for January 14.
What the court heard happened
The court heard that the daughter came over to Tortola from a sister island to attend a family event that was happening the following day.
As pre-arranged by her mother, the father was supposed to pick her up from the ferry dock and take her to her grandparents home.
The incestuous father, however, opted not to take the minor to her grandparents’ house but, rather, to his home.
The court heard that the man later went to work and, one his way back, had a few alcoholic beverages before returning home.
Later that night, after taking a bath, the underaged victim was reportedly lying in bed when her father came into her bedroom and gave her a kiss on the cheek.
He then continued kissing her but this time tried inserting his tongue into her mouth, the court heard. The teen clenched her teeth and tried to push him away. The lewd father persisted.
‘Daddy no, Daddy stop!’
He proceeded to pin her down and eventually overpowered her and had sex with her, the court heard.
The underaged daughter reportedly told the court she shouted, “Daddy no, Daddy stop” but he did not stop, and he ejaculated inside her vagina and on her body.
When the assault was over, she ran to the bathroom and he followed. He asked the child not to tell anyone, including her mother, and promised her that he could get her anything she wanted.
The young lady told the court that she agreed so that he could stop pestering her. She later returned to bed and pretended to fall asleep.
It was during that time that her father, believing she was sound asleep, called his then-girlfriend, who came to pick him up shortly after.
The court heard that when he left the house, his daughter packed her travelling bag and ran next door to ask for help.
The neighbour, who was a retired police officer, alerted the police and she was taken to the hospital for a medical assessment.
The assessment found her father’s semen was still embedded in her vagina. The assessment also showed that she had tearing of her hymen (a membrane which partially closes the opening of the vagina and whose presence is traditionally used as a mark of virginity).
The semen was later tested and it was found to be a match with her father’s.
Her father was subsequently arrested, charged and granted bail.
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