A BUNDABERG man, who had sex with his daughter's two school-aged friends, is appealing his rape conviction.
Brisbane Supreme Court heard the 42-year-old gave the girls aged 17 and 14 alcohol and drugs, played a game that required them to remove their clothes, took them to his room and had sex with them both.
The older girl said the sex was consensual but the 14-year-old claimed she was forced and made a complaint to police.
A jury found the man guilty of the rape of the younger girl late last year.
The man's defence team had tried to convince the jury the sex never happened in the first place.
But he now admits it did and is appealing on the grounds the sex was consensual and the conviction for rape should be set aside and replaced with unlawful carnal knowledge.
Defence barrister Simone Bain told a panel of three Court of Appeal judges on Friday there were some "very contrary” aspects to the girls' accounts.
She said while a 42-year-old man having sex with young girls he had plied with alcohol and drugs was a "despicable situation”, the man's actions could be described as "accompanying” the girls to the bedroom rather than "forcing” them.
The jury previously accepted the victim's version that she and her friend were "pulled up and placed down” on the man's bed and that he held her down as he had sex with her, switching back and forth with the other girl.
She said she and her friend then had a shower but the man took them back to bed and repeated his actions.
Her friend told the court the younger girl had complained she was "hurting” as a result of the rape.
There was discussion among the panel of three judges about the girl's admission that after the first incident she and her friend played a frivolous game with a mask and whether that was consistent with the behaviour of someone who had just been raped.
Crown Prosecutor Vicki Lowry said the behaviour, while "somewhat unusual” could be explained by the girl's young age and the fact she was affected by drugs and alcohol at the time.
She also said it was "outdated” thinking to form a view about how a rape victim should or shouldn't respond to a situation.
The panel has reserved its decision.
- ARM NEWSDESK
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