Magistrates' Court was told yesterday.

But Mr. Timothy Marshall, the man's lawyer, said a prison sentence could "shatter this family to the point where it doesn't come back together again''.

The Wor. Charles-Etta Simmons delayed sentencing until November 12 so she could consider a psychiatric report.

The man, who cannot be named in order to protect his daughter's identity, was found guilty of indecently assaulting his 16-year-old daughter four times between November of 1992 and January of 1993.

The daughter, now 17, told the court her father punched her, inserted his finger into her, and forced her to touch him.

During the first assault, the man said he wanted to check whether his daughter was a virgin, the girl testified.

"I believe the father was obsessed with his daughter's virginity, and the daughter lived in fear of her father,'' Ms Simmons said in convicting the man on September 29.

Crown Counsel Mr. Diarmuid Doorly said the man, who had no previous criminal record, was in a breach of trust when he performed the acts.

Mr. Doorly cited a number of English cases he said were similar in which the offender was given sentences in the range of two years. And in those cases, the offender had pleaded guilty, saving the victim "the embarrassment, humiliation, and distress'' of testifying.

"The authorities are all one way -- an immediate custodial sentence'' was called for, Mr. Doorly said.

But Mr. Marshall argued Ms Simmons had the discretion to do otherwise. He noted even the man's daughter had written the court asking that her father not be sent to prison. She "wants her dad to get help,'' he said.

The cases Mr. Doorly cited were from England, where the maximum sentence for indecent assault was ten years in prison, Mr. Marshall said. Because the man committed his crime before Criminal Code amendments took effect in Bermuda in June, the maximum sentence was 12 months.

Although the man still maintained his innocence, he had sought help through the Employee Assistance Programme and had twice visited a psychiatrist. That counselling would continue, and the man had also visited his pastor, Mr.

Marshall said.

"There is no risk of repetition,'' he said. After submissions, Ms Simmons called Mr. Doorly and Mr. Marshall to meet with her in chambers. Mr. Marshall then requested the psychiatric report.