Sex case accused also has mental impairment

A COURT has heard a 49-year-old man, who allegedly had sex with an intellectually impaired teenager, had an intellectual impairment himself.

The man, who can not be named to protect the identity of the alleged victim, allegedly had sex with the complainant when she was 16.

Psychologist Luke Hatzipetrou told the Bundaberg District Court he carried out an assessment of the man in May last year.

He said the results indicated the man's IQ was 46-54, which "fell within the extremely low range" and showed a "very significant intellectual impairment".

Dr Hatzipetrou also gave evidence that it would be more difficult for the defendant to recognise that someone with a similar intellectual impairment to himself had a disability.

On day three of the trial the man also gave evidence.

At times he struggled to answer questions and asked why the same questions were being asked "another way round".

"You've got a smarter brain than me," he said to crown prosecutor Mel Wilson.

"You are confusing and screwing my mind."

While the defendant did not deny having sex with the complainant, he did deny he had taken advantage of her.

Ms Wilson asked the defendant if the complainant had called him "dad".

"A few times. I hated it," the defendant said." I did not let her. She called me dad of her own free will."

"Didn't you think in was inappropriate to have sex with someone so much younger?" Ms Wilson asked.

"What, two people who care about each other?" the defendant answered.

"Didn't you think it was wrong that you were having sex with someone calling you dad?" Ms Wilson asked.

"I said she kept calling me dad ... I kept staying to stop," the defendant said.

In closing arguments Ms Wilson said the evidence indicated the defendant took advantage of the alleged victim.

"She saw the accused as a father figure, she trusted him and he simply took advantage of her," she said.

But defence lawyer Kim Bryson said it was obvious the the man did not understand the girl's disability because of his own.

The trial continues today.

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