A jury has rejected a 63-year-old man’s claim that erectile dysfunction prevented him from sexually assaulting his wife’s teenage niece and convicted him of sexual intercourse with a dependent and indecent assault.

The accused had insisted throughout the trial that while he engaged in other sexual acts with the 16-year-old girl, penetration never occurred due to his medical condition. His wife even testified to support this defence, confirming he suffers from erectile dysfunction. 

However, prosecutor Curtis Cornelius challenged her testimony, suggesting her husband might simply lack sexual attraction to her, a remark she deflected by saying, “That’s on him.”

The jury’s verdict reflects their partial belief in the teenager’s account of the accused’s version of events as they found the man guilty of sexual intercourse with a dependent but not guilty of rape.

The case centres on incidents that occurred in November 2018 after the complainant came to live with her aunt and the accused following a troubled period.

She had initially been sent to her father’s house as punishment for having Facebook on her school tablet but felt uncomfortable there, prompting her aunt to bring her into the home she shared with the accused and their two sons.

The teenager shared a bedroom with one of the boys and initially regarded the accused as a father figure. That perception shattered when he began making nighttime visits to her room while his son slept, touching her inappropriately.

The prosecution’s case detailed that the then-56-year-old man asked the complainant and one of his sons to accompany him on an errand to a farm. Before his son finished getting ready, the accused drove off alone with the teenage girl. 

She testified he took her to an isolated, bushy location where he began forcing himself on her. When she resisted, he allegedly threatened to drive them both off a cliff. Fearing for her life, she stopped fighting and he proceeded to have sexual intercourse with her.

The abuse eventually came to light through family meetings, during which the accused reportedly acknowledged sexual contact with the teenager but continued to deny penetration. When the family failed to take further action, the complainant’s stepfather filed a police report in 2022.

The defence painted an entirely different picture. The accused testified that the teenager initiated everything, first asking him to drive her to meet her boyfriend. He claimed he reluctantly agreed after she promised her aunt wouldn’t find out. When she allegedly asked for a second ride, he said he refused until she offered to perform oral sex on him in exchange.

According to his testimony, he later reminded her of this supposed agreement and suggested meeting in the guest room. Instead, he claimed, she invited him to her bedroom after midnight when his son would be asleep, and he accepted.

Days afterward, the accused maintained, the girl asked him to have full intercourse. He said this request led to the farm trip, where he drove to a secluded spot and kissed and touched her but couldn’t achieve an erection, so they simply left.

The defence also floated theories, suggesting the complainant’s stepfather manufactured the allegations to damage his ex-wife’s reputation in their custody dispute. Defence counsel further alleged the teenager was motivated by promises of a trip and a new phone if she cooperated with her stepfather’s scheme. Both allegations were denied.

Ultimately, jurors dismissed the most serious rape charge but found the accused guilty of the alternative offense of sexual intercourse with a dependent – a crime that occurs when someone in a position of authority, trust, or guardianship engages in sexual activity with a person under their care. 

The accused was also convicted of indecent assault and will face sentencing on December 12.