A Queensland man told a 12-year-old girl to promise not to tell anyone after sexually assaulting her multiple times during the night, a court has heard.
Malcolm Lawrence Orreal, 62, of Deception Bay, faced Brisbane District Court on Monday standing trial for two counts of rape and three counts of indecent treatment of a child under 16.
Crown prosecutor Sam Rigby, during his opening statement, told the jury that Orreal said to the girl "promise you won't tell anyone". But she told her mother about the assaults the next day.
Mr Rigby said the girl, her mother, her sibling and another man stayed the night at Orreal's house on January 29, 2017.
A lack of bedrooms meant the girl's mother and sibling slept in the lounge room.
"On that Sunday night (the victim) slept in the defendant's bedroom and she will tell you she slept in there as the defendant told her to in the afternoon when she got tired," Mr Rigby said.
Mr Rigby said the girl and Orreal watched a movie until the girl started to fall asleep, at which point the defendant switched off the TV and started his alleged offending.
"He kissed her on the back of the head and cuddled her good night and (the girl) didn't think anything of it at the time, she will tell you she felt safe and comfortable in bed with him," Mr Rigby said.
Mr Rigby said Orreal began tickling her back and stomach, and it was at this point she felt uncomfortable and started crying.
Orreal then indecently touched the girl before raping her twice.
Mr Rigby said the prosecution would call medical evidence but there was no DNA found on the victim and ultimately the case rested on the girl's testimony.
"In order to find him guilty you need to accept her as an honest and reliable witness," Mr Rigby said.
Orreal's barrister, Rachael Taylor, told the jury she would use her opening to talk about the critical issues in the case.
Ms Taylor said it was not in dispute that the girl and her family members stayed the night at her client's house and she slept in his bed.
"What is in dispute is what (the girl) says happened during the rest of that evening," Ms Taylor said.
She said the girl had spent the two previous nights at a boy's house and her mother had later caught her own boyfriend in bed with the girl.
"The (mother) smashed up the house and accused (the girl) and (the mother's boyfriend) of having sex," Ms Taylor said.
Ms Taylor told the jury to listen carefully and keep an open mind when presented with evidence.
"The key issue in dispute at the heart of this trial is Mr Orreal was not the one who did the things to (the girl) that she says happened to her," Ms Taylor said.
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