21 Dec 2001 Silhouette of young woman seated in doorway, date rape victim in Adelaide. Sexual Assault crime sa sex generic
21 Dec 2001 Silhouette of young woman seated in doorway, date rape victim in Adelaide. Sexual Assault crime sa sex generic

Uncle proposes marriage after alleged rape of schoolgirl

A TEENAGE schoolgirl was allegedly plied with alcohol, raped and sexually assaulted by her Gold Coast-based uncle before he told her they would get married, a court was told.

The Canberra girl, who is now 26, was left waiting about six years because police made an "administrative error" and did not investigate the complaint made to Australian Federal Police in 2009.

It took until 2016 for Queensland Police to follow the matter up after the girl's brother checked what happened with the complaint, a court was told.

Her uncle pleaded not guilty in the Southport District Court yesterday to rape, administering a drug for the purpose of sexual act and four counts of sexual assault.

Crown prosecutor Gary Churchill said when the girl was 17 she flew from Canberra to the Gold Coast in September 2009 to visit her uncle.l

It was then he raped and sexually assaulted her, it was alleged.

"There was a persistent attempt by her uncle to have a loving sexual relationship with her," Mr Churchill said.

"He continually told her that he loved her and wanted to be with her."

Mr Churchill said on the second night the girl was staying with her uncle, the pair had shots and the man offered to massage her feet.

The jury of eight women and four men was told that the girl fell asleep and woke to find her underwear had been removed and the man performing a sex act on her.

"She didn't wake properly and fell asleep again … passed out," Mr Churchill said.

The jury was told she woke again later and the man was still touching her inappropriately and telling her he loved her.

Mr Churchill said the girl tried to push her uncle off her.

The man eventually stopped and lay down beside her, the court was told.

"He asked her what she wanted to do about children because they were going to get married," Mr Churchill said.

The girl pretended to be asleep later but the man again woke her up performing a sex act, it was alleged.

Mr Churchill said days after the attack the girl wrote a letter to her mother explaining what had happened.

In December 2009, the girl went to the Australian Federal Police and made a complaint.

The AFP were to refer the matter to Queensland police, the court was told.

Mr Churchill said it was "through some perhaps administrative error no action was taken by Queensland police".

He said the girl's brother called the AFP in 2016 ahead of a family funeral to ask what had happened to the woman's complaint.

The court was told it was after the funeral the woman's complaint began to progress.

The trial continues today.