The defendant, aged in her 20s, appeared in the Dunedin District Court yesterday on three charges of incest, which took place in 2021.
Her father was sentenced to 10 months’ home detention when he came before the court last month.
Judge Jim Large said the gravity of the woman’s crimes was low to moderate, referencing a report from a psychologist.
The clinician said the defendant — whose name was permanently suppressed — was particularly vulnerable at the time and outlined her various mental health issues, which may have contributed to the offending.
The woman craved close relationships because of her fear of abandonment, which allowed her father to take advantage of her, the judge said.
The impulsivity characterised by her condition explained the thousands of sexual messages the pair exchanged.
"During that time you clearly developed an intense attachment to him," Judge Large said.
He said the messages were "very explicit" and he intended them to remain on the court file in a sealed envelope, "so they do not see the light of day again".
The court heard the pair had been estranged until the girl was a teenager, when she holidayed with her father and his partner.
They lost contact again for another six years.
In December 2020, the man travelled to Dunedin, where they spent a few days together, and it was quickly followed by a reciprocal visit when the woman stayed with him and his partner.
"Their time together allowed them to quickly form a close bond," court documents said.
"When not in each other’s company, they exchanged thousands of text messages declaring their love for each other and discussing their sexual relationship in intimate detail."
Over eight days in January 2021, the man visited his daughter repeatedly, during which the unlawful acts took place.
In the times they were not together, they each described their fantasies and detailed the lewd acts they wished to perform next time.
On January 19, the man spent the night at his daughter’s house and left the address in the morning, before her boyfriend came home from his night shift.
But the boyfriend was suspicious about the growing closeness between the pair and accessed her cellphone, revealing the explicit communications.
The woman asked him not to tell anyone about the relationship "as she did not wish to go to jail", a police summary said.
She said her father had kissed her on the lips, telling her "parents can do that to their kids".
Counsel Sarah Saunderson-Warner argued if the woman was convicted she would have to disclose the situation to any prospective employer, which would retraumatise her and trigger her underlying conditions.
Judge Large agreed and granted the discharge without conviction.
"It will not allow you to close this chapter of your life and move on," he said.
