Mornington Peninsula sports climbing competitor Ned Middlehurst charged with rape

A Victorian-based international sports climber was charged with rape after it was alleged he failed to wear a condom as promised.

Ned Middlehurst was charged with rape. Facebook.

A Victorian sports climbing competitor has been charged with rape after it was alleged he did not use a condom during sex.

Ned Middlehurst, 20, fronted Melbourne Magistrates Court on Friday after he was charged with rape.

Middlehurst, who was also charged with making a false or misleading representation, allegedly engaged in consensual sex with a woman on the provision he wore a condom.

It’s alleged Middlehurst removed the condom from its packaging but did not place it on his penis prior to penetrating the complainant.

Middlehurst’s alleged offending occurred earlier this year.

The Bittern man was charged in September.

Sam Norton, for Middlehurst, told an earlier court hearing that it was a very “unusual case”

“It’s an unusual allegation …,” Mr Norton told the court.

An application to place Middlehurst on bail was denied at the last hearing.

Mr Norton told the court today the defence has filed an application to cross-examine the complainant including questioning regarding the “sexual repertoire” prior to the alleged offending.

Prosecutor Daniel White said the application would not be opposed.

Magistrate Johanna Metcalfe, who initially said she wasn’t sure about how cross-examining the complainant furthers the issues, granted the application.

Magistrate Metcalfe also expressed her displeasure at the term “sexual repertoire”.

“I’m going to allow the questioning but maybe think about changing (the phrase),” Magistrate Metcalfe said.

Middlehurst, who fronted the brief hearing via a virtual link, is an up-and-coming star of the Australian sport climbing scene.

According to an online bio Middlehurst has competed in various climbing events in Australia and overseas.

Middlehurst will face court again at a later date.

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