NT man accused of raping child relative applies for bail
A man accused of raping his young relative has made another push for bail, asking for permission to live under the same roof as two young children. What happened in court.
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A man accused of raping his five year-old relative has made another push for bail, requesting the court allow him to live under the same roof as two young children while his matter unfolds.
The defendant, who cannot legally be named at this stage of the proceedings, has been charged with sexual intercourse with a child under 10 and gross indecency with a child under 14.
Police allege the man, who was 19-years-old at the time of the alleged offending, sexually assaulted his young male relative in a remote community on February 4, 2025.
Following his arrest, the man made an unsuccessful application for bail.
On June 24, the man returned to Darwin Local Court with a fresh bail application, with his lawyer, Callum Rose, submitting his client would stay at a local residence if granted bail.
Mr Rose indicated the allegations would be contested.
“We say importantly there is medical material that supports our defence,” he said.
“I can provide that to my friend and Your Honour if that’s required; but ultimately there’s reference within the medical report which was obtained following the complainant going to hospital which says there was no soreness or redness or anything consistent essentially we say with the allegations as they’re put.”
It was also heard DNA records requested by the defence remained outstanding.
“Our client has never been to court for any matters whatsoever,” Mr Rose said.
“There’s no history with this particular complainant and I’m unaware of any other allegation being put in this nature or any nature to my client who we say is otherwise a young member of the community with a strong character.”
Judge Sally Ozolins asked if any children lived at the address of the proposed bail residence, to which Mr Rose said there were two kids both under the age of 12-years-old.
However, Mr Rose maintained the bail plan was sufficient.
“Whilst there is a risk, it’s a reasonable one,” Mr Rose said.
“As I alluded to earlier we are relying upon the isolated nature of this (alleged offence) and also the restructuring of risk by taking my client away from the location of alleged offences.”
The prosecutor opposed bail.
“Particularly to the address proposed where there are young children said to be living at that address given the nature of the allegations,” the prosecutor said.
“I think the reasoning for that perhaps may be obvious to Your Honour in terms of protecting, in particular, any children living at that address.”
The prosecutor also said they did not have confidence an electronic monitoring device could reduce risk in such an environment.
Judge Ozolins refused bail.
“The protection of the community is the thing I have to give paramount consideration to and I’m not minded to grant bail on (these) circumstances,” she said.
The defendant will return to court in July for a preliminary examination application.