A Donegal man has been sentenced to 11 years on prison after being found guilty of the rape and sexual abuse of his young daughter. The last six months of the sentence has been suspended.
55 year old Michael Carter of Ballymagan, Buncrana was found guilty last month of one count of rape and 25 counts of sexual assault when his daughter was aged between nine and 12 years old between June 2010 and June 2014.
His daughter, 22 year old Karen Harkin has waived her right to anonymity said in her victim impact statement that she will no longer imprison herself in “feelings of guilt and shame that are not mine to carry”.
Report in full –
A Donegal man who raped and sexually abused his young daughter a decade ago has been jailed for ten 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 years old.
The court was previously told that Carter of 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 today, 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”.
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 28, 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. He would also put his hand down her underwear and 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.
Carter also touched the victim inappropriately while she was in the bath and would occasionally get into the bath with her, where he would rub his penis against her and touch her inappropriately.
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 gardai, Carter denied any wrongdoing.
Reading her victim impact statement onto the record yesterday, 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 today 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”.
Yersterday, Garda Sergeant Michael McHugh told James Dwyer SC, prosecuting, that Ms Harkin told an aunt about the abuse in 2016, but was not ready to make a formal complaint to gardai until 2018.
Following his arrest in December 2018, Carter told gardai in a pre-prepared statement that he had “never done anything wrong” to his daughter and that he “rejected and refuted” the allegations made.
He was charged in September 2020 and sent forward for trial. He was initially due to stand trial during 2022, however, this could not go ahead and a new trial date was set.
Carter has 12 previous convictions including one for trespass, one for harassment, and nine for road traffic offences.
Sgt McHugh confirmed to defence counsel that his client has no previous convictions of a sexual nature and nothing further is pending before the courts.
The court heard that the Director of Public Prosecutions’ view is that the rape count falls into the more serious category and would warrant a headline sentence of ten to 15 years due to the age disparity, the breach of trust and the pattern of offending.
Defence counsel told the court his client does not accept the verdict of the jury and maintains his innocence. Carter has three children and one stepchild.
Counsel also asked the court to take into account that his client has no previous convictions of a similar nature when imposing sentence.
In her victim impact statement, Ms Harkin said Carter took away not only her childhood years but “the prime years of my life”.
She said she should have been loved and cared for during her childhood years. Instead, she was “used”, “raped” and subjected to pornography.
“I was living a life no young girl should ever live.”She said she isolated herself as “I didn’t want anyone to know the shameful things that were going on in my life.”
Ms Harkin said she started to struggle at school due to the “rollercoaster of emotions” she felt daily which affected her ability to focus, despite her best efforts.
She said that she stills loves her father “for the good times”, “for the years we had together” and “simply because he is my father”.
“I can’t change the fact that he is my father or that he did this to me. One day I may wake up and forgive him or I might never be able to forgive him, but just because I might never forgive him doesn’t mean I will stop loving him”.
Ms Harkin said she is starting a new chapter in her life “filled with hope, happiness, love and dreams”.
“I will no longer spend my days full of worry. I am no longer a victim of rape and sexual abuse. I am a survivor. I will do great things and start living a happy life despite what has happened to me”.
Ms Justice Karen O’Connor told Ms Harkin that she should feel “very proud” for speaking out and finding the courage and strength to make a complaint and follow the process through.
She said Ms Harkin would help other children who may be in a similar situation to “know they are not alone” and perhaps to find the strength to come forward themselves.
Ms Justice O’Connor said Ms Harkin has a “bright future ahead” of her and hoped this would represent a “new chapter” for her.
