Man accused of raping child relative faces Darwin Local Court

A 19-year-old man accused of raping his five-year-old relative in a remote Territory community could be out on bail by the end of the week.

A man accused of raping his child relative has faced Darwin Local Court.

A 19-year-old man accused of raping his five-year-old relative in a remote community could be free on bail by the end of the week.

On Monday afternoon, the defendant, who cannot be legally identified at this stage of the proceedings, appeared in Darwin Local Court charged with sexual intercourse with a child under 10, and gross indecency with a child under 14.

Police allege the man sexually assaulted the young boy in a remote community on February 4, 2025.

In applying for bail, the man’s lawyer noted the allegation was “very serious”, maintaining “nothing in my submission is aimed to diminish that.”

The court heard the defendant had “no criminal history”, with the defence lawyer submitting the accused be granted bail and remain in Darwin.

“He clearly understands fully the seriousness of the situation, he’s gone from having no interaction with the justice system at all to now winding up in custody for quite some time,” he said.

“If he is given the privilege of walking out of custody in the near future, he’ll have at the forefront of his mind the seriousness and that any breach or any untoward behaviour will end with him right back in custody.”

It was not specified in which community the alleged incident took place, however, the defence lawyer maintained his client did not have the “financial means” to travel there.

“But I just note your honour that the risk in my submission is quite specific, it’s specific to that individual – they’ll be a great distance away,” he said.

“It’s not as if he has a history (of) this sort of behaviour.”

The prosecutor said electronic monitoring “does not protect the community at this level”. Picture: Pema Tamang Pakhrin

The court also heard further bail measures such as curfews and self-reporting could be imposed to mitigate risk.

In opposing bail, the prosecutor said the nature of the alleged incident was an example of “opportunistic offending”.

“While it’s all well and good to say we’re going to monitor him and have him report, it doesn’t protect the general community from someone who has been charged with such offences,” he said.

“While I understand this isn’t proven, it’s of a pretty high level that the court should consider.

“Electronic monitoring does not protect the community at this level.”

Judge Giles O’Brien Hartcher ordered for a bail assessment report to be completed.

“Not because I’m convinced he should get bail but because he doesn’t have any priors and if enough protective factors can be put in place it might be possible for him to get bail,” he said.

“But a foundational step is that he will have an electronic monitoring device.

“I’m not suggesting by ordering this report I’ll grant him bail – I don’t even know if I’ll be the judge who considers this matter.”

The accused remains in remand and will next appear in court on Friday, February 14, 2025.

Originally published as Man accused of raping child relative faces Darwin Local Court