Mackay district court rejects application by alleged rapist to see counselling records

A man charged with rape and indecent treatment of his stepdaughter has told a court the complainant’s credibility should be questioned.

The defence team for a man facing charges of indecently treating and raping his stepdaughter called on a district judge to grant them access to counselling and school records.

The defence team for a man facing charges of indecently treating and raping his stepdaughter called on a district court judge to grant them access to counselling and school records.

The man is charged with raping his under 16 stepdaughter with something other than his penis and indecently treating her, but his defence team is claiming she was engaged in “attention seeking behaviour” prior to the alleged offending.

Defence barrister Scott McLennan said private counselling records could contain “complaint evidence” from before an official complaint was made to police.

“The counselling records would impact the complainants’ credibility and reliability,” Mr McLennan said.

“If there’s inconsistencies between those records and the complainants interview, they would impact her credibility.”

The defence team will allege the complainant had previously engaged in “attention seeking behaviour”.

Mr McLennan said the defence’s case included statements the complainant was “habitually engaging in attention seeking behaviour by concocting stories which she then recounted to her peers”.

He said there were examples of this behaviour in the complainant’s phone records.

The defence also applied to see school guidance counsellor records.

“If she has spoken with the guidance counsellor about her relationship with her stepfather that gives rise to important issues such as whether there’s a motive to lie,” Mr McLennan said.

District judge Vicki Loury said the records attracted sexual assault counselling privilege and said the application was made with the interest of allowing the defence prepare lines of cross examination for the complainant.

Judge Loury said she was not satisfied the psychological records would reveal inconsistencies or issues with the alleged offender and complainant, and refused access.

She further said she considered the defence’s application to access school records to be “speculative” and refused the application.

The matter was adjourned for mention later in May.