Bendigo man Martin Carbone, 29, applies for bail charged with raping woman

A woman recorded her alleged rape, with the harrowing audio of her begging her attacker to stop played in court. Now her accused rapist wants bail, claiming she “made up the allegations”.

Police played audio of the alleged rape Martin Carbone, 29, applied for bail at Bendigo Magistrates’ Court charged with rape.

An accused rapist has complained an audio recording of what he says was a “fictional” assault — in which a woman can be heard crying “stop” — was taken without his knowledge, as he applied for bail.

Martin Carbone, 29, applied for bail on charges of rape, attempted rape and strangulation after he allegedly assaulted a woman in regional Victoria in February.

Police opposed the bail application, playing harrowing audio they allege depict the entire 25 minute rape after he barged into the woman’s house and got naked while “drug affected”.

The woman recorded audio of him yelling abuse at her prior to the alleged rape and repeatedly screaming “open your mouth” and “suck my d--k”.

In the audio played to the court, a man’s voice could be heard saying “bend over” while a woman repeatedly cried in pain and told the man to “stop it”.

Martin Carbone, 29, applied for bail at Bendigo Magistrates’ Court charged with rape.

Mr Carbone, who was living with another woman at a Long Gully address at the time, was allegedly arrested with cocaine, GHB and multiple mobile phones, the court heard.

When questioned by police, the accused rapist said the complainant had “made the allegations up”.

They were “fictional”, he said.

The defence said the “credibility of the complainant … is squarely in issue” because she was a drug user and was talking intimately with Mr Carbone in the days before the alleged assault.

Mr Carbone’s lawyer also argued the recording was taken “without the knowledge of the accused” and there were several issues with the police case that could be contested at trial.

His lawyer argued Mr Carbone should be released from prison to residential rehabilitation facility The Cottage in Shepparton.

The court heard the accused’s father had stumped up a $150,000 bail surety, using their family farm as collateral.

However police opposed bail, arguing the 29-year-old was an unacceptable risk and had shown “no regard” for the two counts of bail he was on at the time of the alleged rape.

The victim told police she was “petrified” for her “safety and her life” if he was released, with the prosecutor adding the “fear in her voice” in the recording of the alleged rape was obvious to the court.

Police said it was “entirely possible” Mr Carbone could try and track her down and assault her again, showing a “disregard of court orders”.

The prosecutor said “one little breach” of the conditions proposed by the defence could be “catastrophic” for the complainant.

Magistrate Jarrod Williams adjourned the bail application for a final determination.