The 38-year-old man was handed child abuse-related offences in the ACT Magistrates Court. Photo: Michelle Kroll.
CONTENT WARNING: This article refers to alleged child abuse and family violence.
A man was already on bail when he allegedly sexually assaulted his five-year-old niece while babysitting her at her home.
His bail conditions for unrelated matters required him to live at her home in Canberra, and her parents had left her in his care when they went out in March 2024, before he allegedly repeatedly abused her, the ACT Magistrates Court heard.
The girl made immediate claims to her parents when they returned before a report was made to police in June this year.
This week, police raided the 38-year-old man’s home and charged him with grooming, sexual intercourse with a person under 10 and committing an act of indecency on a person under 10.
“Not guilty, your honour,” the man replied when each charge was read to him in court on Tuesday (9 September).
He applied for bail, which was opposed by the prosecution.
Prosecutor Nathan Deakes alleged the offending involved “an egregious breach of trust” and was opportunistic, brazen and had a dramatic effect on the girl.
He alleged the man was “a prolific family violence offender” whose criminal history was littered with family violence offending across different jurisdictions and victims.
The man’s lawyer, Legal Aid’s Amelie McCarthy, said if he was granted bail, he could reside with his partner under conditions that essentially amounted to house arrest.
She argued that as he entered not guilty pleas to his fresh charges, he would have to be committed to the Supreme Court and should not have to remain behind bars while that lengthy process took place.
Special Magistrate Lucinda Wilson said the charges the man faced were very serious and he had been on an intensive corrections order, which is a type of community-based sentence, over unrelated offending when he is alleged to have assaulted the girl.
She said the girl had made immediate disclosures about her allegations, and there were also other matters that appeared to corroborate her alleged version of events.
“She’s a very vulnerable young person,” the special magistrate said.
Special Magistrate Wilson ultimately determined there was a risk of the man interfering with evidence or intimidating the girl or her parents and refused bail.
The man, who is not named to protect the girl’s identity, was remanded in custody and will return to court in October.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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