Father charged with sexually touching disabled daughter stands trial in the NSW Supreme Court

A far south coast father allegedly slid his hands down his intellectually disabled daughter’s underpants while she sat in her bedroom, a jury has heard.

XY is charged with two counts of intentionally sexually touch child. Picture: Generic, file

A far south coast father allegedly slid his hands down his intellectually disabled daughter’s underpants while she sat in her bedroom, a jury has heard.

The trial of the man in his 30s, who can only be referred to as XY for legal reasons, began in the NSW Supreme Court sitting at Bega on Monday.

XY previously pleaded not guilty to two counts of intentionally sexually touching a child.

Crown prosecutor Nerissa Keay in her opening submissions said the complainant, who was a teenager, confided with a teacher in late 2022 about the ongoing situation with her father.

The daughter allegedly informed her teacher how her father had been occasionally touching her inappropriately, but could only remember specific details of the most recent alleged incident.

The trial is being heard at Bega District Court.

The girl, who the jury was informed had intellectual disabilities, allegedly told her teacher how, in her bedroom on an evening in 2022, her father placed his hand on her chest above her clothes, before sliding his other hand inside her underpants.

Ms Keay submitted despite the teen’s intellectual disabilities, she knew the situation was wrong.

“It was my body and I said no,” Ms Keay said the young girl told the teacher.

Ms Keay said it was important to note while the teacher was informed of a situation going on “for a while”, they were only informed of the bedroom allegation.

“The two counts refer to touching her chest and touching her genitals,” she said.

“This happened in the one event”.

The jury heard how the teacher informed police, who contacted XY just days later while he drove to Wollongong to meet his wedding planner.

Defence barrister Jonathan Cooper urged the jury to consider the young girl’s “credibility, reliability, accuracy and memory”.

“That is the issue in this trial,” he said in his opening statement.

“My client asks you to listen carefully to her evidence.”

Mr Cooper said his client was not someone who was guilty, saying he spoke to police without a lawyer or the right to silence.

“He has told you all that he is not guilty.”

XY’s trial before Justice Dina Yehia SC is expected to run for five days.

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