A Jamberoo Action Park employee accused of raping his step-daughter has applied to be released on bail because he could not sleep on his prison bed.
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An Illawarra man, who cannot be named for legal reasons, applied for bail for the second time this month in Wollongong Local Court on Friday.
The man's defence lawyer Tuan Phan told Magistrate Michael Stoddart that his client could live at a different home to the girl, could offer surety and had a medical condition that made his time on remand difficult.
"He had a car crash where he sustained multiple fractures to his pelvis and spine....he is suffering as he is in constant pain," Mr Phan said.
"He has not been able to obtain pain medication.
"My client has problems sleeping as he usually has a bed support and special seat."
Mr Phan also said his client had been "singled out" by other inmates while in prison due to the nature of his charges.
In documents tendered to the court, the man began a relationship with the girl's mother in 2016 and they moved into together shortly after.
The man was looking after his step daughter at home on a day between December 2019 and September 2020, and while they were sitting on the couch the man allegedly sexually penetrated the girl with his fingers.
On another occasion, the girl told police the man asked her if she wanted "to see it", allegedly meaning his penis, to which she replied "no".
On an evening in September, the man was looking after his step daughter, while her mother was out, when he allegedly told her she could play with matches and a lighter is she let him touch her.
Police will allege the man touched the girl's genitals and bottom and upon hearing the mother return home, he told the girl, "quickly go run into your bedroom and pretend to be asleep".
The man was arrested on November 4 and denied the allegations when Lake Illawarra detectives interviewed him.
He was charged with having sexual intercourse with a child aged 10 to 14, sexual intercourse with a child aged under 10, and two counts of intentionally sexually touch a child aged 10 to 16.
In court on Friday, police prosecutor Sergeant Ben Bragger said bail was "strenuously opposed" as the seriousness of the alleged offences "could not be overstated".
"One of the charges carries a maximum term of life in prison if convicted," he said.
Sgt Bragger also noted despite the man's lack of criminal history, the prosecution case appeared to be strong, with the alleged sexual touching and intercourse taking place recently, from December 2019 to October 2020.
Magistrate Stoddart said the facts alleged by police were "serious", and noted the difficulties the man might face due to his medical condition but corrective services had a "duty of care" to look after people in their custody.
"Any medical attention required can be obtained from them," he said.
"In my view, on the face of it, there is a strong case and a likely lengthy custodial sentence if convicted."
He also noted, "I don't think child sex offenders are the most popular people in the prison population...as sad as that is, that is the situation".
Magistrate Stoddart refused to grant the man bail and the case was adjourned to January 20.
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