Sonny Middleton, 37, fronts Bendigo Magistrates Court charged with rape
A Bendigo business man and father of four has been bailed to fight allegations he raped a young girl as a court hears she lives in fear.
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A Bendigo business man and father of four will fight allegations he raped a young girl while she slept.
Sonny Middleton, 37 of White Hills, appeared in Bendigo Magistrates Court vying for bail ahead of a flagged trial on charges of rape.
Police allege Mr Middleton, a father of four, raped a young girl woman at a party in Jackass Flat held in 2023.
The court heard about 9.30pm on the night of the party, the complainant was allegedly woken by the “sensation of feeling a hand down the front of her track pants” touching her vagina.
She thought it was her friend at first, but as she opened her eyes, she allegedly saw Mr Middleton leaning over her.
She immediately jumped away from him, shouting for her friend, as Mr Middleton allegedly left the address.
The court heard her friend came in and allegedly found the complainant with her pants pulled down and crying heavily.
Mr Middleton’s lawyer, Mr Parker argued that the accused “didn’t penetrate her”, accusing police of leading the witness in her “uncertain” in her testimony.
Mr Parker flagged the defence would likely to argue to downgrade the rape charge to an indecent assault, indicating the matter would be taken to trial.
However, the prosecution said there was “strong evidence” for the penetrative rape charge.
Mr Middleton has been in custody since his arrest the day after the alleged rape, being refused bail on two prior occasions.
Mr Middleton’s lawyer asked for bail, claiming the accused was living in “fear” for his safety in custody after a “vigilante” had made an “inflammatory” post about him on social media saying he would “get got” in prison.
Police opposed Mr Middleton’s bail, alleging he would commit indictable offences while on bail and was an “unacceptable risk to the community”.
Police told the court the complainant is living in “fear” of what could happen to her if Mr Middleton was granted bail and is suffering health issues following the alleged assault.
She has become anxious and is fearful to leave her home, the court heard.
The court heard he is a joint owner and “heavily involved” with his father’s “well known” Heathcote automotive business, Middleton Motors and Mr Middleton’s father would put up a $50,000 surety to get his son out of prison.
Magistrate Sharon McRae granted bail with a strict curfew and an alcohol ban so that Mr Middleton could go to work at Middleton Motors as the case was “fast tracked” to the County Court.
Ms McRae warned Mr Middleton if he was caught drinking alcohol in breach of his bail, his dad will lose $50,000 put up for his release.