Disabled black Nova Scotian impregnated daughter, receives two years of house arrest

After police charged the father with incest, he confessed to sleeping with his daughter on and off for several years.

Disabled black Nova Scotian impregnated daughter, receives two years of house arrest
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A disturbing situation involving an incestuous father-daughter relationship in Nova Scotia has ended with a slap on the wrist sentence.

The mother, 27, gave birth to a child with “serious medical complications and significant developmental delays” in the summer of 2019.

After a medical geneticist expressed concerns regarding the father’s lineage, they involved local law enforcement who proved the suspicions true upon discovering the child’s mother sexting her father, 58, during a visit to the neonatal intensive care unit.

While the child has since been placed in foster care, as first reported by the National Post, it has been revealed that its parents are both intellectually disabled. 

After police charged the father with incest, he confessed to sleeping with his daughter on and off for several years.

At trial, the Crown posed a four to six year prison sentence for the father as reasonable, given the sentences handed out in similar cases. 

On appeal, it argued the same and lost after the Nova Scotia Court of Appeal dismissed this as merely a guideline late last month.

Though the crime of incest is punishable between two and 14 years in prison, a majority in the Court of Appeal ruled the father would serve only two years of house arrest. The dissenting justice recommended four years in jail, but that fell on deaf ears.

According to the National Post, the Nova Scotia Public Prosecution Service said they had yet to decide on appealing the decision at the Supreme Court of Canada.

Per the decision, the court handed the offender a lighter sentence owing to his remorsefulness and the low likelihood he would re-offend. They penned his skin colour (black) as another reason for the verdict.

The court noted that past offenders of the crime of incest were not African Nova Scotians. Therefore, they wrote that “a more nuanced approach” was needed given the father’s heritage.

“The moral culpability of an African Nova Scotian offender has to be assessed in the context of historic factors and systemic racism, as was done in this case,” wrote the trial judge.

“Sentencing judges should take into account the impact that social and economic deprivation, historical disadvantage, diminished and non-existent opportunities and restricted options may have had on the offender’s moral responsibility.” 

The trial judge also argued that the father faced “historical deprivation, social and economic deprivation as well as diminished and virtually non-existent opportunities,” owing to his skin colour.

The decision reads that the father faced abuse from his parents during his earlier years, and was sexually abused by at least three different people.

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