A ROCKHAMPTON man has lost his case in Queensland's highest court to overturn his conviction after he was found guilty of raping his children's babysitter and family friend.
In March last year, the man, who cannot be named to protect the girl's identity, was convicted of rape.
He fought this at the Queensland Court of Appeal.
His legal team argued evidence at the trial should have led to a not guilty verdict but a judgment delivered on Tuesday found the jury were legally able to find him guilty.
Between December 31, 2007 and January 1, 2009, the girl, who was aged 13-14 at the time, and her friend were staying at the man's house to look after his children.
The man was also at the house drinking with some friends.
The rape occurred after the friends had left and the man's partner had gone to bed.
Justice Philip Morrison's judgment said evidence showed the man had been friends with the girl's father, who had died about a year before the rape.
The man and girl had also smoked marijuana and drank alcohol before the rape occurred, the judgment said.
The man's legal team argued there were inconsistencies in evidence at trial that should have led to a reasonable doubt of guilt.
These included whether the girl stayed the night after she was raped and when she asked a family friend to pick her up.
But Justice Morrison said there were features of evidence which could have led to a jury rejecting some parts but accepting others.
He said it was open to the jury to accept the victim as a reliable witness.
The man's appeal was dismissed. - APN NEWSDESK
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