Not guilty: Man accused of child sexual abuse against daughter acquitted after wife fiercely defends him

A jury has delivered its verdict on the case of a South East man accused of sexually assaulting his adopted daughter.

After deliberating for several hours a South East jury has acquitted a man accused of sexually assaulting his adopted daughter.

During his opening statement in the three-day trial, public prosecutor Daniel McCabe told the Mount Gambier District Court the accused “put his hand under (the alleged victim’s) shirt and touched her chest”, while they were watching the movie Birds of Prey.

The accused and the witnesses who spoke during the trial have not been identified to protect the identity of the alleged victim.

The man has only been charged with one count of aggravated indecent assault, however Mr McCabe told the court the girl recalls several similar incidents during other movies.

In her closing address the defendant’s lawyer Jane Powell told the court the alleged victim’s account had gaps in logic and with sparse details.

A South East father accused of sexually assaulting his adopted daughter has been acquitted. Picture: File

Ms Powell said during police interviews the girl was unable to provide detailed accounts of her other examples of alleged abuse.

“She was given more than ample opportunity to expand on that allegation or any of the allegations,” Ms Powell said.

“What occurred? When did it occur? Could she name one of the other movies — she couldn’t.”

Ms Powell said the lack of evidence and detail provided made it extremely difficult for the accused to defend himself.

“How does a person defend themselves when they don’t know the particular allegation?” she said.

“How easy it is to make such an allegation of this kind and how difficult it is for an accused person to defend themselves.”

The defendant’s wife strongly defended her husband saying she would have “hanged him in the street” if she believed the accusations were true.

“I would be the first one to hang him — I can guarantee you that,” she said.

The court previously heard the South East man came into the alleged victim’s room and unzipped her top while administering a finger prick blood glucose test.

Ms Powell told the court it made little sense that someone who had the intention of performing an indecent act on a sleeping girl would risk waking her with a finger prick test.

Speaking in his own defence, the man said he rented Birds of Prey from Foxtel but denied sitting down with his daughter to watch the movie, telling the court he went to bed shortly after approving the transaction.

A receipt was provided to the court showing the movie had been rented in April not May, when the alleged sexual assault was said to have occurred.

The man was acquitted of one count of aggravated indecent assault.