Ben Shields: Shock rape allegations against former Dubbo mayor revealed

Shocking allegations of a historic sexual assault on New Year’s Eve 2002 by former Dubbo mayor Ben Shields have been aired in court. Warning: Graphic content.

A former Dubbo mayor is alleged to have raped an 18-year-old school student during a threesome on New Year’s Eve in 2002, after the young man allegedly withdrew his consent during sex.

Police arrested Benjamine William Shields on June 28 this year, and charged him with sexual intercourse without consent for the alleged incident which occurred when he was 22, and a Dubbo councillor.

He was also charged with possessing a conversation obtained by a surveillance device.

Shields, 41, was not required to appear before Dubbo Local Court on Monday but was represented by lawyer Roland Day, who did not enter any pleas to the charges on his behalf.

Former Dubbo Mayor Ben Shields.

According to documents tendered to the court, the alleged victim was invited to celebrate New Year's Eve in Dubbo by a friend of Shields.

The friend introduced the alleged victim to Shields when he arrived, and the trio attended a barbecue together that evening, before they continued on to the Dubbo RSL, then the Amaroo Hotel, finally returning to Shield's home after midnight.

On arrival, the alleged victim went to the room he was sleeping in, with police alleging the witness told him to “come to our room and hang out” to which he accepted.

“Upon the victim getting to the bedroom, (Shields) was in a state of undress before (he) told the witness and the victim to get undressed to which they all did willingly,” documents tendered to the court said.

“The trio engaged in a threesome where they performed consensual acts on each other.

“The witness and victim engaged in penile/anal intercourse which was consensual.”

After the witness and alleged victim had sex, Shields is alleged to have positioned himself behind the man, engaging in a similar act which was consensual to begin with.

Former Dubbo Mayor Ben Shields in 2018. Picture: Dylan Robinson

According to police documents, the alleged victim then withdrew his consent due to pain, and allegedly told Shields: “Stop, I don’t want to do it anymore, it hurts”.

Shields then allegedly continued to penetrate the man against his will, telling him “it will get better”.

“Stop f**king me,” the teen allegedly responded.

It is alleged that the witness saw the victim’s face “in a state of distress”.

The court heard the trio slept in the same bed that night, with the teen allegedly telling police that he was “pretty tired and drunk at that stage, and it didn’t take much for me to fall asleep”.

He was dropped at the train station on New Year’s Day.

Last year the man saw a Facebook post which was made by then-mayor of Dubbo, Stephen Lawrence, which featured Shields.

The court heard that after seeing this the alleged victim disclosed to a family member what allegedly occurred in 2002.

He and the witness involved in the sexual act both provided statements in relation to the allegations against Shields.

On Tuesday, June 21 this year, after a successful warrant, investigators lawfully recorded a seven minute phone call between Shields and the alleged victim.

“Would an apology or settlement or anything like that help?” Shields is alleged to have told him.

Shields was arrested a week later and taken to Dubbo Police Station.

Dubbo mayor Ben Shields at a meeting of council in 2021. Picture: Ryan Young

Shields was interviewed and provided police with his own version of events, telling police about a phone call with the witness.

It was revealed that Shields recorded the call without the witness’ consent.

He was charged with having sexual intercourse without consent and possess conversation obtained by a surveillance device.

On Monday, Shields’ lawyer sought to have his client's bail varied to allow him to live outside Dubbo, which was granted by Magistrate Theresa Hamilton.

He submitted a further request to lift a no-contact order between Shields and two prosecution witnesses. Magistrate Hamilton allowed one of the witnesses to be taken off the order.

The prosecution did not oppose moving the case to Penrith Local Court with a brief service order in place for October 21.