A young child pointed a Nerf gun at his mother’s ex partner after the man allegedly sexually assaulted her more than once on the same night, the Esperance District Court has heard.
The accused, Brady Swann, 35, pleaded not guilty to two counts of sexual penetration without consent and one count of attempted sexual penetration without consent.
He pleaded guilty to damaging the victim’s mobile phone.
Mr Swann sat in the witness dock at court on Monday, while state representative Mr Azad told seven male and six female jurors the purported facts.
The court heard Mr Swann and the victim had been in a relationship for seven years before they split in May 2022.
Mr Azad said they had two children together and said the victim had two children from a prior relationship too.
On Tuesday September 19, 2023, the alleged victim went to Mr Swann’s house to collect the children but stayed the night, the court heard.
Appearing via video link, she testified that on the date in question, she and Mr Swann drank a couple of “strong” alcoholic drinks and watched TV together before they went to bed.
The now 40-year-old victim said she was awoken by Mr Swann’s raised voice: “just admit it, stop lying.”
She said moments later, he took her phone.
The court heard Mr Swann purportedly locked the bedroom door and allegedly proceeded to sexually assault her.
The victim testified that she was “biting” and “snapping” at Mr Swann to stop him.
She said Mr Swann curled up on the floor and said: “what is wrong with me” to which she said she responded: “you’re a rapist, you tried to rape me.”
She said she left the room and later returned when Mr Swann allegedly took her phone off her.
Mr Swann broke her phone after she said she told him she had texted her friend for help.
The alleged victim testified that Mr Swann then locked the door and pinned her to the bed, sexually assaulting her for a second time and later sexually assaulted her again when she was lying on the floor in one of the children’s bedrooms.
The State presented photos to the court of bodily bruising taken at the hospital the next day.
Mr Swann’s defence, Ms Taylor, questioned the alleged victim’s character, her truthfulness, and the facts of the alleged incident during cross examination.
Ms Taylor asked her about her alleged drinking habits, drug use and infidelity.
She put to the alleged victim that Mr Swann looked after the children on weekends because she wanted to party.
She also proposed that the alleged victim wanted to see Mr Swann.
The alleged victim admitted she often drank on Friday nights while doing craft at her house but denied “taking Dexxies (Dexamphetamine) and partying excessively”.
She said Mr Swann had suspected she was “cheating on him” but she did not respond directly to such questions posed by Ms Taylor.
Ms Taylor told the jury to consider whether the alleged victim could have left the house at any point; who was at the house; and who told the alleged victim to go to the police.
At the time of print deadline, the purported victim was the only witness who had testified.
Others were expected to take to the stand in the four-day trial.
The jury was set to deliver the verdict on Thursday or Friday this week.
