Avoca man found ‘not guilty’ of raping son following two-day trial

A Bundaberg father has been acquitted of charges of raping and committing obscene acts in front of his son after a two-day trial. WARNING: Distressing content.

An Avoca father has been acquitted of charges of raping and unlawfully exposing himself to his young son after a two-day trial in Bundaberg District Court.

An Avoca father has been found not guilty of charges of raping and unlawfully exposing himself to his young son after a two-day trial.

The trial in Bundaberg District Court began on Tuesday, September 17 and reached its conclusion on Wednesday, September 18 when the jury found the man not guilty after a short deliberation.

The man, who cannot be named for legal reasons, pleaded not guilty on Tuesday to one charge of rape, alternatively one charge of attempted rape and one charge of wilful and unlawful exposure to a child under 12 of lineal descent.

Crown prosecutor Tobie Corsbie told the court the child had rekindled a relationship with his estranged father, the acquitted man, in 2017 when both of his parents found themself living in Bundaberg.

The boy, aged between 9 and 10, would spend weekends staying with his father, and sleeping on a mattress on the floor of his father’s bedroom, the court heard.

The man pleaded not guilty to charges of rape and unlawful exposure of a child on the first day of the trial in Bundaberg District Court.

Mr Corsbie told the court the boy had been lying on this mattress when his father allegedly began “touching him, fondling him and that extended around towards [the boy’s] penis.”

The court heard the father then allegedly attempted to insert his own penis into the boy’s anus, to the painful protests of the child.

The court also heard on a separate occasion the boy was showering at his father’s home when the father entered the bathroom and allegedly masturbated in front of his son.

The child reportedly spoke to his mother about the incidents, though when asked if he was sure about the events said it may have been a dream, the court heard.

At a later date, the son and mother discussed the issue once more, and this time the boy said he was sure of what had occurred and in early 2019 went to the police.

The defence for the father did not enter opening statements.