Rape accused has passport confiscated
A BRAZILIAN student living in Cairns has had his passport confiscated after being accused of raping a young woman he had been speaking with on Instagram in a public toilet block after a night of drinking.
Police have alleged the 21year-old forced himself on the woman in toilets near Fogarty Park after she had gone in there feeling ill, pushed him away and asked him to call an ambulance.
The pair had allegedly been drinking at a nearby bar beforehand.
The man, who cannot be named for legal reasons, was granted bail in the Cairns Magistrates Court yesterday, but ordered to surrender his passport and not approach international departure points as part of strict bail conditions.
The court heard yesterday police alleged after the attack he was spotted on CCTV leaving the toilets and appeared to be zipping up his pants before leaving the area.
“She crawled out of the toilets,” police prosecutor SeniorConstable Trevor Woodman said. “He left in an Uber and essentially just left her there.
“It is very serious to take advantage of drunk females in the Cairns district who are there to enjoy themselves.”
Police have alleged the pair met several weeks beforehand and had been conversing on Instagram prior to the night.
The incident allegedly took place about 2am on Tuesday.
Sen-Constable Woodman said the 19-year-old woman initially reported the incident to nearby security before police were called.
Defence solicitor Linda Cho said there were “issues of credibility because of the level of intoxication” and also questions over consent. Sen-Constable Woodman said the man had claimed the pair kissed in the toilets before she performed a sex act on him, but the woman told police she asked him to stop.
Ms Cho said the man had been studying in Cairns for the past two years and was believed to have no criminal history, either here or in his home country.
“There is no allegation of violence,” she said.
She told the court he also spoke with the Uber driver about the woman and asked for an ambulance to be called.
“They only met three weeks ago through a social media app,” she said. “He doesn’t know where she lives.”
Magistrate Alan Comans described the allegations as “very unique, not a random act” and also ordered the man have no contact with the victim while on bail.