Alberto Abram de Sousa v The State

The appellant, the complainant’s uncle by marriage, was charged in the regional court with two counts of indecent assault and one count of rape arising from alleged sexual abuse of a minor. The first count related to incidents in 2005/2006 at the complainant’s grandmother’s home, where the appellant allegedly summoned the complainant to kiss his lower naked stomach and exposed his penis. The second count related to incidents in 2007 at the appellant’s home, where he allegedly inserted his penis into the complainant’s mouth and ejaculated. The complainant was a single witness, aged six at the time of the alleged offences and twelve when she testified. The appellant denied the allegations. A forensic social worker testified for the State, concluding that the complainant had experienced sexual abuse. The regional court convicted the appellant on all counts. On appeal, the High Court set aside the rape conviction but confirmed both indecent assault convictions. The matter came before the Supreme Court of Appeal on further appeal against the indecent assault convictions.

The appeal was upheld in respect of the first count of indecent assault, and the conviction and sentence on that count were set aside. The appeal was dismissed in respect of the second count of indecent assault, and the conviction on that count was confirmed.

The case is significant for clarifying the evidentiary value of expert testimony by forensic social workers in child sexual abuse cases and for reaffirming that not all inappropriate or sexually suggestive conduct necessarily constitutes indecent assault. It also illustrates the careful approach required when assessing the evidence of a single child witness and distinguishing between conduct that is morally reprehensible and conduct that meets the legal definition of a sexual offence.