Dalby District Court: Trial begins for man, 71, accused of rape and indecent assault

The trial for an elderly man who allegedly sexually assaulted a woman in her home is under way in the Dalby court, with defence counsel claiming the encounter was consensual. Full details here:

The Dalby Courthouse

The trial for a man charged with raping and assaulting a woman in her home has begun this week in the Dalby court.

A 71-year-old man, who cannot be named for legal reasons, pleaded not guilty to two charges each of rape and unlawful and indecent assault in Dalby District Court on Tuesday.

It will be alleged the Redlands man assaulted the woman in the early hours of the morning on February 6, 2020, after the pair drove close to 400km in his truck to help transport mulch for the woman’s cattle.

Crown prosecutor Victoria Adams said it had been raining throughout the evening, so the man stayed at the woman’s house to help move the mulch to the livestock in the morning.

Ms Adams told the court the man knew his alleged victim prior to that night, but had never been to her house, with the woman showing him to the spare room where he was meant to sleep before they got ready for bed.

She said it was while the alleged victim was brushing her teeth that the 71-year-old approached her and told her he would sleep in her room instead, to which she replied “no”.

The Dalby court heard the woman then went into her bedroom to find the Redlands man in her bed, and got into the opposite side of the bed with her back to the man.

It will be alleged the man then touched the woman’s breasts despite her telling him to stop, then performed oral sex without her consent before raping her.

The jury, composed of seven men and five women, was told the trial is likely to take two or three days.

It is expected witnesses to testify will include police involved in the investigation leading up to the man being charged and will feature both audio and video evidence.

Defence barrister Joshua Jones said the case was not about whether or not sexual contact occurred between the man and his alleged victim, but whether the woman provided consent at the time.

The trial will continue in the Dalby District Court on Wednesday.