Uncle on rape charge

Man, 33, believed he had niece’s consent

A FAR North man accused of raping his adult niece allegedly told police he thought it was OK because of “the way she moved” despite her not giving consent.

The 33-year-old, who cannot be named to protect the woman’s identity, appeared in the Cairns Magistrates Court yesterday charged with three counts of rape in company.

It is alleged he repeatedly asked his 25-year-old niece for a “threesome” and despite her telling him “no, yuck” he forced himself on her, then invited another man to sexually assault her as well.

“On multiple occasions she said no,” police prosecutor Sen-Constable Trevor Woodman told the court.

“She repeatedly told him to stop.”

Sen-Constable Woodman said the man made “some admissions” to the arresting officers, telling them he had sex with her but believing it was consensual.

“(He told them) the way she was moving he thought he had consent, but she hasn’t said ‘yes I will have sexual intercourse with you’,” he said.

“(He told them) ‘it’s the way that she moved’.”

Sen-Constable Woodman said the alleged offending occurred at a friend’s house in a small Far North town on December 18.

He said the woman called police afterwards and said she had been raped by her uncle.

The court was told the man had been given probation for other offences just two weeks prior and he had a relatively short, but serious criminal history including serving jail time for assault.

Defence solicitor Steve McFarlane applied for bail on the man’s behalf, saying he could live with a longtime friend in Cairns to ensure there would be no threat to the alleged victim.

“He doesn’t necessarily agree with all of the allegations,” he said.

But acting Magistrate Raimund Heggie denied bail out of a need to protect the woman and concern that witnesses could be interfered with. The case has been adjourned until January 29.

It is understood police investigations are ongoing in relation to the alleged co-offender.

ON MULTIPLE OCCASIONS SHE SAID NO. SHE REPEATEDLY TOLD HIM TO STOP SENIOR CONSTABLE TREVOR WOODMAN