Trial Begins:  Man Faces Indecent Assault & Assault By Penetration Charges In Relation To A 7-Year-Old Girl

By Alric Lindsay

A young girl has told a Grand Court jury that a man sexually assaulted her on more than one occasion at a house where she sometimes stayed overnight, as the trial of a man accused of assault by penetration and indecent assault continued today, August 3, 2026.

The man faces five counts on the indictment. Two charge assault by penetration, contrary to section 132A of the Penal Code — alleging that, for the purpose of sexual gratification and without consent, he vaginally penetrated the child with his finger, once when she was six years old and again when she was seven.

Three further counts charge indecent assault, contrary to section 132 of the Penal Code: two are laid in the alternative to the penetration counts and allege indecent touching, while the fifth alleges that he indecently assaulted her by putting his tongue on her vagina.

The first two counts are laid under the 2019 Revision of the Penal Code and the later counts under the 2022 Revision, reflecting the change in the law between the two periods alleged, which span 2021 to 2023.

The child gave her evidence with special measures. Before she was questioned, the court carried out an inquiry into whether she understood the difference between telling the truth and telling a lie, and between an oath and a promise. She chose to promise to tell the truth rather than swear on the Bible, telling the court that a promise meant undertaking to do something and not breaking it. The court ruled that she was competent to give evidence, and she was then asked to promise that her evidence would be “the truth, the whole truth and nothing but the truth.”

It is understood that her evidence-in-chief was given through a video-recorded interview.  Cross-examining, defence attorney Keith Myers told the child he had a number of questions about her recorded interview and took her through her account in detail. He highlighted  her statements to draw out inconsistencies: how many times she said the touching had happened — she had earlier indicated three or four times, but in evidence said she believed it was once or twice; whether the room had been light or dark; where the man had been positioned, and whether he had been standing or crouching; and whether, as she had said of the first occasion, she might have been dreaming or hallucinating.  Myers also asked her about particular words she had used and where she had learned them, and about the other people who had been present at the time.

Crown Counsel from the Office of the Director of Public Prosecutions presented the child’s evidence to the jury.

Throughout, Acting Justice Palmer took steps to accommodate the young witness, reminding her that she could ask to stop at any time and granting short breaks when she asked for them, and telling her the court wanted her to be comfortable. The judge cautioned that she was not to discuss her evidence with anyone, including family, during the breaks, and intervened at several points to have answers repeated or clarified where the court had not heard them clearly.

Because the complainant is a child and the case concerns sexual offences, nothing that could identify her, the defendant or the location is being reported.

The trial continues.