Man accused of raping girl with intellectual disability ‘posted derogatory videos online’

A central Queensland man accused of raping a girl in her 20s with an intellectual disability has faced a bail hearing where police revealed the alleged offences were committed in the vicinity of the girl’s family home.

A Central Queensland man accused of raping a girl in her 20s with an intellectual disability, has been granted bail with strict conditions.

The man, also aged in his 20s, appeared in custody in Rockhampton Magistrates Court on December 23.

He is charged with four counts of rape.

The court heard the alleged incidents took place over three days this month at the Capricorn Coast.

The man was not required to enter a plea.

Before the man’s bail application was heard, a duty lawyer representing him requested briefs of evidence for all four charges.

Acting Magistrate Ron Muirhead adjourned the matters to February 9 for committal mention at Rockhampton and he ordered the briefs be disclosed by that date.

Mr Muirhead noted that he had an affidavit with an objection to bail and he asked the prosecution whether it wished to make any further submissions.

Police prosecutor Clancy Fox said the defendant posed an unacceptable risk if granted bail.

Mr Fox said the alleged victim suffered from conditions including autism, had an intellectual disability, and she was required to be looked after by a carer.

“The offences were committed in the vicinity of her family home, so in my respectful submission Your Honour, there is some brazenness to the allegations in the circumstances,” Mr Fox said.

“She did indicate that she did not consent to having sex with the defendant and he continued.

“The allegation is continued after she indicated she did not wish to have sex.

“In relation to the seriousness of the offences, it’s my submission that they are serious sexual offences and the defendant is at risk of receiving a period of imprisonment if he is convicted of those offences.”

Mr Fox said the defendant also represented a flight risk because of the serious penalties that he faces.

“In relation to the strength of the evidence, I note that he did make admissions in a record of interview to having sex, although his version is that it was consensual,” Mr Fox said.

“So the issue of whether or not sex occurred does not appear to be one that would be in dispute.

“It would be more the facts of how those sexual interactions occurred.

“And the objective features of their sexual interactions and his conduct will be relevant in my submission.

“He made references to violence that he’s used against partners and his criminal history is consistent with that.

“It’s my submission that he is an unacceptable risk of committing further offences.

“He is an unacceptable risk of interfering with witnesses in my submission because of what’s outlined on page four of the affidavit where, since the victim has confronted the defendant in relation to the allegations, he’s posted derogatory comments, videos, online in relation to the victim and sent abusive messages to her which caused her to block him on social media.

“... Even after he was made aware that she had made those allegations he has chosen to post those derogatory comments and videos online, so he has shown a disregard for the seriousness of the allegations that she has made against him, and a complete lack of appreciation for the serious position that he is in.”

Mr Fox said the defendant had also previously been granted bail and failed to appear, so bail should be refused.

A duty lawyer said the defendant was single and took daily medication for ADHD.

The lawyer said any risk as outlined by the prosecution could be managed with conditions the defendant, who is unemployed, reside with his father, have no contact with the alleged victim, and report to police daily.

“I can’t take the bail application any further - I’m hesitant to go into instructions relating to the factual matrix of what it is that’s alleged - so that’s as far as I can take a bail application today, Your Honour,” the lawyer said.

Acting Magistrate Ron Muirhead said he would grant bail but there would be strict conditions.

“It’s a borderline case of whether you should be granted bail or not,” Mr Muirhead said.

“But you’re still a fairly young person, so I do intend to grant bail.

“But there will be strict conditions on your bail.

“I’ve noted on the file, if you breach any of those conditions, your bail should be cancelled straight away and you’ll be kept in custody until the matter is finalised, and that will be quite some time away because it will have to be dealt with in the District Court, probably some time towards the middle half of next year. ”

The bail conditions were that the defendant appear in person in court on February 9, live with his father, report to police each day Monday to Friday, have no contact with the complainant, not approach her or have someone else contact her, and not attend her residence.

Mr Muirhead also imposed a condition that the defendant was not allowed to use the internet or any other communication device, including Facebook and social networking sites, to communicate with, publish pictures, or make any adverse comments regarding the alleged victim.

“So you can’t post anything online about her at all, or publish pictures, make any comments about her,” Mr Muirhead said.

“If you do, you’ll be in breach of your bail.”

After a further submission from the prosecution, Mr Muirhead also agreed to impose a condition that requires the defendant to provide police with access to any of his devices, and social media or computer accounts, upon request.