A 13-year-old boy who claims he was raped by his father twice last year is expected to testify on Wednesday against his alleged attacker.
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The boy, who along with his father cannot be named for legal reasons, is expected to be called to give evidence in his father’s District Court trial, which began in Wollongong on Tuesday.
During an opening statement to Judge Andrew Haesler, Crown prosecutor Andrew McMaster said he expected the boy would tell the court his father anally raped him on two occasions sometime between March and June last year while he was at his father’s house in a northern Illawarra suburb.
Mr McMaster said the boy had lived with his paternal aunt for a number of years however had a disagreement with her over a broken window in late March and he and his younger brother moved in with their father.
The new living arrangement lasted about six weeks, during which time at least one of the alleged assaults is said to have occurred.
The boys ceased living with their father in early May, at which time Family and Community Services put an order in place prohibiting the man from having contact with his sons. The boys returned to live with their aunt.
The children’s case worker, who also cannot be named, told the court on Monday the boy first aired the assault allegations to her and two teachers during a meeting at his school in August.
“Did [the boy] say ‘rude stuff’ had happened? Did he also say [it was] with his dad?” Mr McMaster asked the case worker.
“Yes,” she replied to both questions.
The woman said the boy gave more detail when she was alone with him a short time later.
“Did he tell you words to the affect of ‘dad would take me upstairs and do stuff….[he’d] have sex with me’,” Mr McMaster asked.
“Yes,” the woman replied.
She rejected suggestions from defence barrister Zaid Khan that she had referred to the boy as a ‘victim of abuse’ before he disclosed the alleged assaults.
However, another witness – one of the teachers involved in the meeting – later told the court she recalled the word ‘victim’ being used before the allegations were aired.
“Do you recall [the boy] giving evidence that anything had happened [with his father]?” Mr Khan asked.
“I recall him nodding,” the teacher said.
“Was that after [the case worker] had put to him that he was the victim?”
“Yes,” she replied.