Student told teacher her South Coast father ‘XY’ was ‘cheating on mum with me’

A court has heard chilling testimony from a teacher about an intellectually disabled student confiding alleged sexual abuse she was experiencing at the hands of her father.

The trial is being heard in the NSW Supreme Court sitting at Bega.

A court has heard chilling testimony from a teacher about an intellectually disabled student confiding alleged sexual abuse she was experiencing at the hands of her father.

“Dad is cheating on mum with me,” the student said according to the teacher.

The teacher gave evidence during the second day of the NSW Supreme Court trial of a man in his 30s sitting at Bega on the state’s far South Coast.

The man, who can only be referred to as XY for legal reasons, previously pleaded not guilty to two counts of intentionally sexually touching a child.

On Tuesday, the teacher took the stand and recalled the alleged conversation she had with the student in late 2022.

The witness told the court the girl allegedly told her how, in her bedroom on an evening earlier in the year, her father placed his hand on her chest above her clothes, before sliding his other hand inside her underpants.

The teacher told the court during Crown prosecutor Nerissa Keay’s examination in chief how the girl disclosed her father was cheating on her mother with herself, saying he was touching her inappropriately.

The teacher told the court the girl confided in her about the alleged abuse.

“She nodded,” the teacher said when describing the girl’s reaction to her question about if he touched her “private parts”.

The teacher said her class had recently completed lessons on this very topic, titled “My body belongs to me”.

The teacher told the court she was proud of how the student dealt with the situation.

“She told me ‘I said [to XY] no, my body belongs to me’, like we talked about in our lessons,” the teacher said.

Defence barrister Jonathan Cooper asked the teacher whether the girl seemed distressed during the conversation.

“No,” the teacher replied, though she noted the student had different emotions to others given her intellectual disabilities.

The girl’s mother also took the stand on Tuesday, telling the court she was unaware of any alleged sexual touching until her daughter and teacher informed her.

The mother said her daughter’s father – and her fiance – moved out of the house after the allegations came to light and their relationship ended.

“The wedding never happened,” she said during cross examination.

The complainant gave evidence in a closed court before the teacher and her mother.

On Monday, Mr Cooper urged the jury to consider the girl’s “credibility, reliability, accuracy and memory”.

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

“My client asks you to listen carefully to [the girl’s] 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.”

The trial before Justice Dina Yehia SC continues.

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