Man accused of raping child during birthday sleepover

A man accused of raping a young girl during a birthday party for one of his children will fight the charges before a jury.

Hervey Bay court. Photo: Tracey Joynson

A man is facing trial in Hervey Bay accused of sexually abusing one of his children’s friends at a birthday party.

The man, who cannot be named for legal reasons, pleaded not guilty to one count of indecent treatment of a child under 12 and one count of rape when he faced Hervey Bay District Court this week.

On Tuesday, the court heard an opening statement from Crown prosecutor Aden Tranent.

Mr Tranent said the alleged incidents happened about 10 years ago during a birthday party.

The girl had spent the night at the man’s house on a Friday and Saturday night for a birthday celebration for one of his children.

After spending the night watching movies with her friends, the girl fell asleep on a chair in the living room, Mr Tranent said.

She woke to the man kissing her “all over face” for about five minutes, he said.

Then, after spending the day celebrating her friend’s birthday, the girl had fallen asleep on a fold-out bed in the lounge room.

Later that night she was allegedly approached by the man who was wearing a towel with no underwear on underneath.

The man then allegedly penetrated her vagina with his fingers for about 10 minutes, Mr Tranent said.

He told the jury that as the defendant was charged with rape, they might think of Hollywood movies, dark alleys and people being pinned down against their will.

But rape in Queensland was defined more broadly, Mr Tranent said.

He said a number of key witnesses would testify before the jury, including the complainant and a woman who had been in a relationship with the defendant.

The girl had first disclosed details of the alleged offending in 2023, Mr Tranent said.

In response, defence barrister Natalie Keys gave a short opening address.

She said the man said he was not guilty of the offences, and he said the incidents did not happen.

Ms Keys said it was important for the jury not to jump to conclusions.

She said they had not heard all of the evidence yet or heard it tested.
Ms Keys said it was for the Crown to prove their case.

“You are the judges in this case and I’m asking that you act like judges,” she said.

The trial will continue before Judge Jennifer Rosengren on Wednesday.