Jessemy Daley who allegedly sexually assaulted a 5yo girl appeared in Gympie District Court on Monday.
Jessemy Daley who allegedly sexually assaulted a 5yo girl appeared in Gympie District Court on Monday.

Woman accused of touching 5yo during sleepover fronts court

A 29-year-old woman accused of touching the genitals of a then 5-year-old girl during a sleepover was adjourned to Gympie District Court yesterday.

The incident allegedly occurred in 2008, between the months of January and June, when the defendant, Jessemy Daley, was a teenager living with her mother, stepfather and younger sister.

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The victim, who was five at the time, told police it was the first and only time she had slept over in Daley's bed.

She said Daley, who was 10 years older, touched her genitals during the course of the night.

On the same evening, the victim alleged somebody else took her into the back yard, pulled down her nappy and raped her before putting her back in the bed.

Judge Glen Cash told the court that person had also threatened the victim not to tell anyone what had occurred.

Daley will face Gympie District Court again on February 12 as the trial continues.
Daley will face Gympie District Court again on February 12 as the trial continues.

The victim reported the alleged assault by Daley for the first time in 2017, but didn't mention the being raped by another person until September of 2019.

Mr Kimmons said the delayed allegations of the rape could challenge the victim's credibility in relation to the sexual assault.

Crown prosecutor Aleksandra Nikolic disagreed, saying the two matters were on different levels.

"In my submission, it shouldn't be something that would substantially affect her credibility," Ms Nikolic said.

Ms Nikolic said she hadn't asked the victim why she didn't report the rape sooner but could guess based off her interviews that certain aspects such as songs and photographs have "refreshed her memory" over time.

Judge Cash permitted a cross examination to occur and adjourned the matter until February 12.

 

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