Mother put disabled daughter up to sex allegations: son tells court

A man accused of sexually assaulting his intellectually disabled sister claims their mother put her up to the accusation in a battle over money, property and control of the girl’s living arrangements.

The 34-year-old man, who cannot be named for legal reasons, is charged with four counts of aggravated sexual assault against a victim with a serious intellectual disability and four counts of sexual intercourse with a victim with an intellectual disability with intent to exploit over a 10-year period.

His barrister, Troy Anderson, told a jury in the NSW District Court that the man and his sister, who is five years older than him, enjoyed a “wonderful” and “loving” relationship before the allegations were raised in 2007.

The man has pleaded not guilty and said the alleged incidents had never happened.

The woman, 39, said her brother asked her for oral sex four times between 1998 and 2007.

The Crown said that, because of her intellectual disability – the result of a car accident when she was in primary school – her ability to consent to the alleged sex was in question.

The Crown prosecutor Ken McKay said that, either the man knew she was not consenting, or was reckless to whether she was consenting. In the alternative, he took advantage of her vulnerability.

Mr Anderson said the incidents did not happen, but the woman “believes it because she was told they did by her mother”.

Mr Anderson said it was “extraordinary” to claim a mother would use her own daughter to make such serious claims against her son, but it occurred in a context of deep family conflict.

“There are issues about money and control and property and [the girl’s] living arrangements, which have driven a wedge between this formerly loving brother and sister,” Mr Anderson said.

The trial continues.

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