Man denied bail on attempted rape charges after being stabbed by alleged victim’s son

The man says he was planning on waking up the alleged unconscious victim before he was stabbed in the back by her son.

A man who admitted to taking his pants off and positioning himself behind an unconscious woman has claimed he was going to wake her up before he was stabbed in the back by her son.

A 54-year old resident of Warwick Farm has been charged with attempted rape, and was denied bail in Fairfield Local Court today.

The man handed himself in to Fairfield Police Station on March 28.

The court heard that the 54-year old went over to the alleged victim’s home, and was told multiple times that she was not interested in being intimate with him while they were hanging out, before she fell asleep while watching a movie.

The man then admitted to taking his pants off, and moving behind the alleged victim, the court heard.

The 19-year old son then walked downstairs, witnessed the alleged attempted rape, then grabbed a knife from his bedroom and returned, stabbing the 54-year old man in the back, and kicking him out of their house without returning his pants and underwear, the court heard.

The 19-year old has been charged with wounding with intent to cause grievous bodily harm.

Magistrate James Gibson told the court that the son’s reaction to the alleged attempted rape made the prosecution case against the man stronger.

“He said his intent was to wake her up and ask,” Magistrate Gibson said.

“He was caught in the act by a witness, who acted in a way consistent with what he’d seen.”

The man’s lawyer argued that the fact he had presented himself to police — he was also wanted for arrest in relation to breaching community corrections orders — meant that he could be placed on bail and be relied on to show up in court. The lawyer also noted that the man had claimed the alleged victim was giving him signals.

Magistrate Gibson interjected that point, clarifying, “Giving him signals she consented to be intimate? That was before she fell asleep.”

Pleading his case before the court, the man said, “I can be a good man, a changed man and stuff like that.”

Magistrate Gibson referenced the 54-year old’s “out of control” drug problems, and the potential risks to the witnesses when denying bail.

“I am not satisfied that he would comply with any bail condition”, Magistrate Gibson said.

The 54-year old is due back in court on May 25.