A man accused of raping his young niece in the middle of the night will claim he was "not awake" during the historical alleged act, a court has heard.
"I know what you're thinking - how implausible that sounds," defence lawyer Edward Chen told ACT Supreme Court jurors during his opening address on Monday.
"Please keep an open mind."
Antonius van de Zandt, who faced the first day of his trial on Tuesday, denies charges of sexual intercourse with a child and an act of indecency on a child.
The 72-year-old former restaurateur was 34 when he allegedly raped his niece in 1986.
"I was absolutely frozen in fear," the woman told police through tears as she recalled the alleged offence that took place when she was 15.
"It was a shattering experience."
The alleged victim is the daughter of van de Zandt's brother and has given express consent to be identified in media reporting.
"I want to break that cycle of abuse and I want to keep children safe," she said in the same police interview.
"I think people need to be held accountable for what they've done."
Jurors heard the woman's account of March 15, 1986, when she said she fell asleep in her uncle and aunt's bed alongside the pair, whom she "adored" and thought of as being "second parents".
It is said she woke up during the night to van de Zandt trying to push her knees apart before the man allegedly digitally raped her while her aunt was out of the bedroom.
Prosecutor Caitlin Diggins told jurors the woman "froze" before the alleged offender forced her hand onto his genitals.
"You're my uncle," the woman allegedly said.
"Sorry," van de Zandt allegedly replied before rolling over.
Jurors were also told the man, who at the time operated the Civic theatre restaurant Mario's, met with the woman's mother and sister the following morning, when he allegedly admitted to the crimes.
He allegedly said he had "strong sexual desires" and that it was "difficult for him to restrain himself", all of which van de Zandt denies.
Mr Chen said he would not be arguing the woman was "making up the claim she was sexually interfered with".
"That happened," he said.
"Mr van de Zandt genuinely was not awake when the sexual interference occurred."
The defence lawyer also said several more allegations were disputed, including van de Zandt being aware his niece was staying in the Kaleen home.
Mr Chen said his client woke up the next morning to his wife saying he had "touched" the alleged victim.
"He sat there stunned, so embarrassed that he thought he might kill himself," the defence lawyer said.
In her evidence to police, the alleged victim described the incident as discombobulating and "an incredible break of the relationship".
"It being so incongruous with the feelings that I had for him as a parental figure."
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