She alleged the grooming began when she was about 12 or 13 and when Harley was in his mid-40s, with Harley slowly introducing sexualised details into their conversations, commenting on her appearance, inviting her into rooms alone with him, and emailing her.
James, who is Indigenous and was cared for by her grandparents, believes she was targeted because she was vulnerable.
Emails James’ grandmother printed from 1999, sighted by this masthead, show Harley allegedly told 15-year-old James he “dream[ed] about you every night”, commented on her thighs and said he wanted to spend nights with her.
“[Did] you know that in the mornings is when a males sexual arouseness [sic] is at its peak…even older boys?” he allegedly wrote.
According to James’ 2009 police statement, during a 1997 band tour through Eastern Europe when she was 13, Harley gave her an alcoholic drink, and invited her out for coffee when her chaperone, her grandmother, wasn’t around.
She alleged that, after the trip, Harley began picking her up from school during the day, taking her to a park to “fondle” and kiss her. She alleged that, when she was 15 in May 1999, he took her home when her guardians were away and performed a sex act on her.
James said that, from 16, the age of consent for sexual activity in NSW, Harley was having sex with her regularly, including at a band camp in 2000 where she shared a room with Harley and a couple on Milson Island, in the Hawkesbury River.
James’ April 2000 diary entries reference sex acts, the pair having “a lot to do” with one another during the Europe tour, and a sexual relationship occurring from the beginning of 2000 and during the band camp.
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James said people close to Harley were aware of the alleged abuse. “All these teachers and band members, some who had known me since I was a little girl … no one stopped it,” she said.
She lived with him on and off in high school. The pair share a child and separated in 2007. No criminal charges were laid following her police statement.
James said the alleged abuse changed the trajectory of her life. “Trusted adults who were supposed to provide care to me in a position of power not only knew but witnessed and at times facilitated the abuse … they normalised abuse,” she said.
“I can’t play an instrument without crying.”
NSW Band Association president Jeffrey Markham said the association contacted the Office of the Children’s Guardian following James’ disclosure and confirmed it was compliant with the Childsafe Scheme’s legislative requirements, which only require band leaders or those who act in a one-on-one capacity with children to have a Working with Children Check.
Markham said the association was not aware of any child abuse allegations within the community banding movement occurring in the past 20 years, and said any allegations would be referred to the police.
“The Band Association and our member bands take the protection of our youth extremely seriously, and we take every precaution to ensure their safety,” he said.
“Community Bands are safe places for all in our community and we work diligently to ensure that all are welcome and all feel safe and can contribute to making great music.”