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Teen fabricated rape story against step-dad, court told

FILE PHOTO: This is a NewsCorp generic file photo.
FILE PHOTO: This is a NewsCorp generic file photo. Sarah Barnham

A COURT has been told a Gladstone teenager made up claims of rape and sodomy to get back at his stepdad.

Defending his client's plea of not-guilty, defence barrister Tom Polley told a jury allegations of rape, sodomy and indecent treatment made by the accused's stepson, "simply did not happen".

The trial began at the Gladstone District Court on Tuesday.

A 12-person jury was told the man in the accused dock was charged with seven offences in relation to allegedly maintaining a sexual relationship between 2008-2010 with his stepson, a child at the time.

The alleged offences occurred at three different addresses in Gladstone, including the Calliope Caravan Park and two residential houses.

>>> RELATED: Stepdad pleads not guilty to rape, sodomy

Mr Polley said his client denied the allegations and the claims were made "out of spite" by his stepson after his client reported the teen to police for "assaulting" his younger brother.

The court was told the teen's mother began dating the accused in 2007, becoming that of a fatherly figure to the teen, who was 11-years-old at the time.

The accused and the mother had two other children together; one of those the teen allegedly attacked in 2012, causing the stepfather to report it to the police.

When the teen's mother told him his stepfather had rang the police, the teen allegedly plotted his revenge.

The teen's mother took to the witness box in the courtroom and was asked by Mr Polley if she remembered her son saying to her "well if he's going to report me, I'm going to report him".

She told Mr Polley she could not recall the conversation.

Mr Polley also pointed out many inconsistencies in the teen's allegations against his stepfather in the original police interview in 2012, compared to the answers he was giving in court when cross-examined by defence.

He told the jury they had to believe his client was "guilty beyond reasonable doubt" if they were to convict him of the crimes.

Mr Polley said that it would be difficult to do so, with the teen unable to recall some of the instances where his stepfather allegedly abused him.

The jury was also shown close-up images of the stepfather's penis, covered in tattoos.

Crown prosecutor Jennifer O'Brien said the teen was able to identify features of the tattoos, something he would not be able to do if the penis was "flaccid".

She also said the teen would have had to be "very, very close" to the penis, while it was erect, to see details of the tattoos.

However, Mr Polley said the teen was only able to draw one of the tattoos, however, the image was not very accurate.

"If he saw my client's penis as many times as he is claiming - through the oral sex, the touching, the playing - the tonnes of times he said it happened - one would think he might have the details of every tattoo burned into his mind, for life," Mr Polley said.

"He couldn't even get one right."

Ms O'Brien said if the teen wanted to "fabricate a story" he would have embellished and exaggerated the facts.

"But he didn't," she said.

"He was very straight-forward and to the point.

"This is not about a child trying to split up his parents - there's no motive here or anything sinister.

"This case depends on your acceptance of the teen's evidence," Ms O'Brien told the jury. On Friday Ms O'Brien gave her closing statement; with Mr Polley set to finish his today.

Judge Tony Moynihan QC will summarise the case today, and will then send out the jury for deliberation.

Topics:  editors picks gladstonecourt rape sexual assault



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