Toowoomba man Frank William McGrath, 55, charged with rape of disabled woman

A Toowoomba man who allegedly raped a disabled woman multiple times, meeting her away from the view of her carers, has applied for bail.

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A Toowoomba man has sought bail on two charges of raping a vulnerable woman.

Duty lawyer Sean Gallagher for Toowoomba man Frank William McGrath sought bail on behalf of the 55-year-old in Toowoomba Magistrates Court on January 20 after he was accused of raping a woman who reportedly required 24-hour care.

Police allege Mr McGrath raped the woman twice, meeting her in a park, away from her residence.

“The offending appears opportunistic but also leans towards predatory,” police prosecutor Tim Hutton said.

“It seems the case that it was serious offending against a vulnerable person in the community … keeping her away from carers and using her to his own devices.”

Mr Gallagher said Mr McGrath was “not a risk of flight or failing to appear” with a dated criminal history and limited offending against the Bail Act 1980.

He further argued the two most serious offences of rape were currently disputed.

“I understand there has been some corroboration in an interview, which I am not privy to … as it stands the intercourse is entirely denied by Mr McGrath,” he said.

“As a result, it’s going to likely result in a trial … (in obtaining DNA evidence) there are very lengthy delays, taking upwards of two and a half years.

“This could result in Mr McGrath serving a very, very lengthy period of time in custody.”

Acting magistrate Kay Ryan conceded obtaining DNA evidence would take some time but ultimately denied Mr McGrath bail, citing concerns for witness safety.

“These are very serious allegations,” she said.

“The protection of the (alleged) victim in this matter is paramount and I’m concerned there is a risk the defendant will interfere or try to interfere or commit further offence.”

Mr McGrath is charged with two counts of rape, and one count each of common assault, enter premises with intent, stealing, trespass and wilful damage.

He is due to appear again in Toowoomba Magistrates Court on March 3, 2025.