Maths textbook in video could prove girl underage
A GRADE nine textbook depicted in secret video recordings could be the undoing of a Warwick man accused of having a "bizarre" sexual relationship with his teenage stepdaughter.
The man, 56, is accused of sexually abusing the girl from the ages of 13 to 19 but he has claimed the sex was consensual and only began after she was 16.
Crown prosecutor Noel Needham told Brisbane District Court said the girl testified the book she was flicking through in one of the sex videos showed a mathematics textbook with a big "9" on the front which proved she was under age.
"It's demonstrative of sexual activity that occurred before she turned 16 … well before 16," he said.
"That can be used as a real point to assess her reliability and (her stepfather's) reliability.
"That flows on to all the features I've already indicated about how that happened … and kept on happening before she was forced into that termination."
Mr Needham told the court during his opening address that the girl allegedly fell pregnant to the man and he took her to Caboolture for an abortion.
The accused man is on trial after pleading guilty to more than 100 charges, mostly rape and sexual assault.
Mr Needham said there was no consent for the sexual activity and "no free choice".
He said the accused man manipulated situations to ensure he could monitor and control the girl in unhealthy ways.
"She was someone who was threatened, bullied and her will overcome by a person who ought to have been … caring for her and protecting her from predators, who was the very person exploiting her," he said.
Defence barrister Robbie Davies said the girl's mother, who caught them having sex, told her three times that if she did not want to do it then it was rape.
He submitted if Judge Brian Devereaux believed the textbook, or other evidence, did prove the girl was underage then he needed to consider the "complex, difficult relationship" the pair had.
"She takes her book into the bedroom for the purposes of sexual activity. She takes a calculator and a pen. She engaged in sexual activity with her stepfather and then at the end of it, or part way through it, you can see he's assisting her with her homework," he said.
"What you have is a bizarre relationship which in many ways is actually quite commendable on one level because of his interest, support and generosity and then you have, bolted onto that, a very significant sexual relationship.
"He cared for her. He took her everywhere and he bought things for her … a car, half a house, a horse and he thought of her so he'd bring her coffees in the morning.
"This is not rapist on stepdaughter - it's far more subtle, far more difficult than that."
Judge Devereaux reserved his decision.