Toowoomba man accused of random, violent rape of teen cleared of charge

A Toowoomba man who pleaded not guilty to the rape of a teenager on the streets has had the charge dropped in the middle of his trial.

A Toowoomba court heard a teenager ran to a service station for help after she was allegedly attacked and raped by a stranger on the streets. Picture: FILE /Daily Telegraph

A Toowoomba man accused of rape after meeting the girl at a service station has had his charge dismissed.

Robert Arthur Brown entered the plea before a jury at the Toowoomba District Court on Wednesday, February 26, four years after the incident occurred on the streets of Toowoomba in 2021.

On Thursday, after the complainant gave evidence before the jury the trial came to a halt with judge Paul Smith declaring Mr Brown’s single charge of rape ‘nolle prosequi’.

Mr Smith ordered he be discharged or the charge.

The jury was told it was not disputed that Mr Brown met the girl at a service station in the early hours of the morning and bought her cigarettes after an attendant refused to serve the teenager.

The pair then walked off on foot - what happened next was in disputed.

The court heard the young woman will be cross-examined by the jury on her character and reliability. Picture: Daily Telegraph / FILE

In his opening address to the jury, barrister Nathan Edridge said Mr Brown “absolutely does not accept whatsoever (the teenager’s) account of a brutal, violent, and public rape”.

“He completely denies that.”

Mr Edridge told the jury rape is one of the most serious crimes a person can be accused of and urged them to keep an open mind during the trial and put aside their emotions and prejudices.

He told them to pay attention when the young woman took to the stand for cross examination.

“I (also) suggest you might be alert to whether there’s any corroboration at all in the form of witnesses, injuries, or forensic material,” he said.

“Is the testimony of the complainant reliable, is it accurate, and are there objective reasons to doubt (her) honesty?

“When you come to deliberate there really is a simple explanation for what has occurred on that night.”

The trial before the Toowoomba District Court is expected to run until Friday, February 26.

During his opening address to the jury, crown prosecutor Hamish McIntyre said shortly after leaving the service station Mr Brown attacked the 16-year-old girl.

“(She) was then (allegedly) struck to the back of the head, dragged to the ground while walking through a side street.”

The court heard the teenager was taken to hospital, however Mr Brown’s DNA was not found, nor was the girl’s found on his body.

Mr McIntyre told the jury as there was no direct evidence, his case rested on the now young woman’s versions of events.

“Defence will, I expect, give you any reason they can as to why you would reject her account.

“That will include things she’s lied about in the past or that they’ll argue were lies.”

Originally published as Toowoomba man accused of random, violent rape of teen cleared of charge