Tearful teenage girl in rape case threatens to walk out of court
A teenager who alleges she was raped by a family friend sobbed and threatened to walk out of court after a defence lawyer accused her of lying.
The girl told Magistrates' Court on Monday that the man attacked her while she was in the bathroom at her home when she was 15 years old.
She further alleges that he performed an oral sex act upon her against her will, and threatened to kill her after he was charged with sexual assault and sexual touching.
He faces charges of obstructing justice and witness intimidation in relation to those allegations.
Neither the accused, aged 40, nor the girl, who is now 16, can be identified for legal reasons.
She was cross-examined on Wednesday by defence lawyer Craig Attridge. He pointed out what he described as "major discrepancies" between the account she gave the Police of the incidents, and the account she gave the court on Monday.
Among the issues were that she told the Police the oral sex act came before the rape, but described it the other way round on Monday. And, said Mr. Attridge, her accounts of what month during 2008 the incident took place also differed.
The girl agreed there were differences in her accounts.
"When I was younger, my mother told me that you had to have a good memory if you're going to lie. Did anyone ever tell you anything like that?" inquired Mr. Attridge.
"Yeah," replied the girl, breaking down in tears.
Mr. Attridge continued: "I'm going to suggest to you that you don't have a good enough memory to lie in the way you are about this."
The girl, still crying, replied heatedly: "So what? You think he didn't do nothing to me?"
"I'm suggesting to the witness she didn't have a good enough memory to keep up this lie," repeated Mr. Attridge.
"What lie?" replied the girl. "Well if you think I'm lying, I'm lying. Let him off!"
Becoming increasingly distressed, she refused an offer from Senior Magistrate Archibald Warner to sit down if she was tired.
Turning to the alleged threats, Mr. Attridge suggested that the man merely told her to stop lying, and never threatened to kill her.
"He did say that, I know what he said," she replied.
"If somebody made a completely false allegation about you, and brought you to court about it, you would be upset and angry about it?" asked Mr. Attridge.
The question caused Senior Magistrate Archibald Warner to interrupt, saying: "She's not on trial."
At that point, the girl told Mr. Warner: "I'm about to walk out."
Mr. Attridge repeated the question, and Mr. Warner told him "that's irrelevant" at which point, Mr. Attridge concluded his cross-examination.
In answer to follow-up questions from prosecutor Robert Welling, the girl insisted she was not lying and the account she gave the court on Monday was true.
The case will continue tomorrow, and the man is remanded in custody.
