Airlie Beach partygoer applies for bail after allegedly raping woman in her sleep
A woman’s boyfriend walked in on a Northern Beaches man allegedly raping his sleeping girlfriend at an Airlie Beach party. Read what happened next.
Police & Courts
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A Northern Beaches man has made a bid for freedom after he was allegedly caught raping a sleeping woman at an Airlie Beach party.
The 26-year-old man accompanied his workmate to a party in Airlie Beach where he met the alleged woman, his colleague’s girlfriend, and other partygoers for the first time on October 9.
Police prosecutor Jordan Thede told Mackay Magistrates Court the alleged victim had retired from the party early and gone to sleep in a nearby room.
Mr Thede said police would allege the man had later followed her and vaginally raped her while she slept.
He said the woman’s boyfriend had walked in as she was waking up.
The man appeared via videolink to apply for bail after being charged with rape.
Mr Thede argued against the man’s bid for freedom on the basis there was a strong police case.
“There was a witness to the actual event itself, a further witness who did not see the event but has further corroborated information and statements received from the (alleged victim),” Mr Thede said.
He told the court there was also doctor’s evidence confirming the condition of the woman was consistent with rape.
But Magistrate Bronwyn Hartigan said the issue at trial would likely come down to consent rather than penetration.
“The boyfriend has walked in and she’s woken up,” Mr Thede said arguing against Ms Hartigan’s comment.
“It would be extremely hard to get a consent defence through courts if a person was asleep at the time.”
The man was granted bail with the condition he not contact the alleged victim or her boyfriend.
He is next expected to appear in Mackay Magistrates Court in January for a committal hearing.
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