ADF member Caleb Horner charged with rape and sexual penetration of a child
An ADF member arrested on rape and child sex offences, who allegedly met a victim at a Melbourne McDonald’s, has begged to be allowed out of jail.
South East
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A suspended Australian Defence Force member accused of rape and grooming multiple children has been let back into the community.
Caleb Horner, 36, fronted the County Court on Monday charged with 34 offences including rape, sexual penetration of a child under 16 and attempting to involve a child in the production of child abuse material.
Horner, who denies the offending, allegedly committed the bulk of the accusations in 2020.
It is alleged that Horner communicated and exchanged lewd messages and images with a complainant via Instagram.
Horner allegedly met up with a complainant multiple times in and around Melbourne’s southeast including at Cheltenham McDonalds and a Good Life gym.
The court heard Horner allegedly kissed the complainant and engaged in oral penetration.
Horner also allegedly appeared in a video in which he said “get your hands off him, he’s mine”.
The court heard the alleged video was transmitted to a friend of the complainant.
Horner was granted bail on Monday while he awaits trial.
The prosecution, which had opposed bail, submitted Horner posed an “unacceptable risk” if released back in the community.
“We are concerned that he will try to contact the victim via social media, or confront him at his school,” the police informant told the court during an earlier hearing.
“There has been very bold offending in this matter, where he has groomed at least three boys that we are aware of, towards sexual conduct.
“We are concerned that he will reoffend, or that he will leave the state to be with his partner.”
The court heard Horner shifted to Western Australia after the alleged offending to join the army in July 2020.
Horner, currently on remand at Hopkins Correctional, was arrested in WA last year then transported to Victoria.
The defence, which submitted Horner posed a “low risk” of reoffending, said the accused man had no prior convictions.
The defence also submitted Horner had “not found his victims by loitering outside a school”.
“With strict bail conditions, we believe Mr Horner should be released, on the presumption of being innocent until proven guilty,” the defence argued.
“Right now, Mr Horner is pleading not guilty, and should be treated as an innocent man.”
The court heard Horner experienced excommunication from the Church of the Latter-day Saints after he came out as gay which also soured the relationship he has with his parents and siblings.
Judge Fiona Todd said on Friday she was hesitant to come to an immediate decision on Horner’s application.
“Really I just want to have a better feel for the case,” Judge Todd said.
“I normally would try and rule immediately on an application of this nature but I want to look at the material a little more and have more time to assess.”
Judge Todd granted Horner bail with strict conditions he only use one electronic device, report his email address to police and not use any social media.
