Alleged ‘surprise’ BDSM gang rape sends two men to trial after committal hearing

Two men have been committed to stand trial after allegations of a blindfolded, gagged gang rape in Melbourne’s BDSM scene.

Shams Rehman and Deepak Joseph are set to face a jury for their role in an alleged BDSM gang rape.

The question of consent loomed large as three men found out if they would be facing a jury over allegations of gang rape in Melbourne’s BDSM scene.

Colin Charles, 36, Shams Rehman, 64, and Deepak Joseph, 40, each faced court after a BDSM “surprise gangbang” went wrong.

The court heard that Mr Charles, who met the alleged victim on Adult Matchmaker and was in a casual sexual relationship with the woman, is accused of orchestrating the night.

Joseph Deepak, 40, fronted Melbourne Magistrates' Court over the alleged BDSM gang rape of a woman.

Magistrate Tim Schocker recapped allegations that Mr Charles blindfolded and gagged the woman, placed headphones over her ears, and then allowed Mr Rehman and Mr Joseph to enter the bedroom and allegedly sexually penetrate her.

It was alleged that, upon removing the headphones and blindfold, Mr Charles told the woman, “Surprise, welcome to your gang bang.”

Mr Charles was accused of arranging the entire evening. The question of consent and implied consent weighed heavily throughout the hearing.

The court was told the woman recognised Mr Joseph as a former sexual partner and asked him to leave; he did, and she then told Mr Rehman to leave as well.

Shams Rehman was committed to stand trial on three counts of rape on July 14 in the County Court

After the encounter ended, the woman reported to police that she believed she had been raped.

The court had previously heard evidence about “subspace,” a dissociative mental state common in BDSM, and considered how it complicated issues of consent and implied consent, especially in communities where such acts are normalised.

The defence had previously claimed the alleged victim had given implied “consent in general”, claiming she had previously consented to “a million and one” deviant sex acts.

Evidence was also given that the woman had allegedly smiled when Mr Charles had taken her blindfold off.

Colin Charles will not face a jury for his involvement in the alleged gang rape. Picture: iStock

Magistrate Schocker ultimately committed Mr Joseph and Mr Rehman to stand trial in the County Court, while Mr Charles avoided being committed to stand trial.

“In summary, Joseph will be committed to stand trial on charges 1, 4, and 5, while Rehman will be committed to stand trial on charges 1, 2, and 6. All remaining charges will be discharged,” he said.

Mr Joseph and Mr Rehman are set to face trial from July 14.