'It was conspiracy': Mum held down daughter during rape
THE Rockhampton mother who held her daughter down and watched on as her partner raped her, has watched on as the courts dismissed her appeal against her seven year jail sentence.
Both the man and the mother at the centre of the case appealed their sentences to the Queensland Court of Appeal on September 20.
The judgment, which was handed down today, stated the girl had been living with her aunt on the Sunshine Coast before she was sent to visit her siblings in Rockhampton, just before Christmas 2013.
When she first arrived she shared a room with her siblings, however, that soon changed and she was moved into a room with her then 34-year-old mother and her 22-year-old partner.
The room they shared had a large double bed and one single where the girl slept.
On April 30, 2014 the night before the girl's 15th birthday the mother woke her daughter about 11.30pm.
"Come down here, I want to know what you want for your birthday," she said.
The daughter lay down on the double bed with her mother and her partner and said she wanted a new phone.
The girl's mother then told her to move over to the other side of the bed and after she did the partner lent over and kissed her on the side of the face.
"(He) wants to f#@k you," the mother said.
The mother and her partner then pulled down the daughter's pants and underpants, while the 14-year-old girl was kicking her legs and pushing them away.
She said no.
"The complainant said (her mother) held her down by her arms and belly," the court judgment read.
"(The mother) had her arm over the complainant's body and was pressing her weight on her to keep her pinned to the mattress.
"Whilst doing so, (the mother) and (her partner) pulled down her pants and underpants.
"(The mother) grabbed her by one arm and used the other arm over to pull down her pants with (the partner).
"The complainant could not use her arms to push away as her arms were underneath (her mother's) arms."
The partner then penetrated the daughter.
After it was over the girl went and sat underneath the house where she stayed until the next morning when she went back up and got dressed for school.
In evidence she told the court she didn't want to go back to sleep because she was scared it would happen again.
During the appeal against her sentence the victim's mother submitted that the verdict against her was unreasonable because there was no evidence of any medical examination being undertaken of the complainant, no photographic evidence of the alleged scene of the rapes and a conspiracy between the witnesses to give evidence against her.
She claimed the case was a conspiracy against her.
The partner who also appealed his conviction saying there was no DNA evidence.
Both parties claimed their sentences were excessive.
Their appeals was dismissed by the Supreme Court of Appeal today.