AN Albury man charged with the sexual assault of a girl, 13, has been released on bail because of his health problems.
The girl became pregnant and late last year had a baby boy.
The man, 61, had been due to appear in Albury Local Court on Monday on charges of aggravated sexual assault on a victim aged under 16 and indecent assault.
But a warrant for his arrest was issued after he failed to appear and police arrested him on Wednesday.
The man who has complications associated with prostate cancer has been granted bail to reappear in court next Monday.
He had a two-month relationship with the girl’s mother in March and April last year.
The court was told in tendered facts how the victim had been interviewed by a child abuse officer in May.
The girl had said she was at the man’s house after being dropped off by her mother.
He had grabbed her breasts on the outside of her clothing and attempted to remove her top. She had resisted before being pushed backwards on to a bed.
The man had had intercourse without consent after removing her tracksuit pants and underwear.
She was pregnant when police spoke to her.
Officers spoke to the man on August 9 and he denied any sexual involvement with the girl.
It was claimed by him that he had been unable to have sex with the girl’s mother due to problems with prostate cancer.
The girl gave birth to a boy on December 28 and the man volunteered a DNA sample on January 11 at the Albury police station.
An application for a forensic sample from the baby boy was granted by magistrate Tony Murray in court on April 12 and obtained the following day.
A sample from the child’s mother was taken on May 14 at the request of the Division of Analytical Laboratories in Sydney.
A report from the laboratory indicates the man is the likely father.
Police spoke to him on June 26 and he denied being responsible for any sexual assault.
He sought legal advice and declined to take part in an interview.
There is an apprehended violence order in place to protect the victim.