Bail for rape accused
AN INDIAN student accused of violently raping a co-worker has been granted bail despite his plans to leave the country in just a few months.
The 26-year-old man, who legally cannot be named, appeared in Southport Magistrates Court on Saturday facing one count of rape.
He said the sex was consensual.
The alleged attack on the 20-year-old woman lasted about 10 minutes and is said to have happened when he offered her a lift home from work on February 23 at about 8pm.
The two met at a hospitality job and became friends after the man moved to Australia to study two-and-a-half years ago.
The pair agreed to have a drink in the car at The Spit and were talking when the man allegedly tried to kiss the woman six or seven times.
“We’re friends, just let this happen,” he allegedly said.
The woman said “no” a number of times and the man allegedly kept asking for a kiss.
The woman told police she gave in because she wanted the man to stop asking.
Police will allege the man kissed her and climbed from the driver’s seat to the passenger seat and pinned her down.
He allegedly resisted her attempts to push him away and the woman’s repeated requests to “get off me”.
“We are friends, just happen,” he allegedly again.
Police will allege the man then flipped the woman over, pinned her hands above her head before anally raping her for between five and 10 minutes.
The woman told police she yelled and pleaded with the man to stop.
The man allegedly did not stop until the woman promised she would finish her drink.
The woman told police she managed to escape the car and let it said called an Uber to pick her up about 12.30am.
Police will allege the man followed the woman along SeaWorld Dr in his car pleading for her to get in as it was raining.
A forensic examination of the woman three days later found bruising to her rectum.
Police have seized the car for forensic testing.
Police prosecutor Michelle Husar objected to bail because the crime was particularly “heinous”.
“Given the type of offending and he worked with the victim and they were friends I object to bail,” she said.
Defence lawyer Dave Garratt, of Howden Saggers Lawyers, said the man, who had planned to return to India in two months, was happy to surrender his passport to authorities.
He said during a phone call between the man and woman recorded by police, the man had denied raping the woman and that the sex was consensual as they had both been drinking.
“He is strongly denying the charge and his version of events is that it was consensual sex,” Mr Garratt said.
He said the man was willing to regularly report to police and remain in Australia until the charges were resolved.
Magistrate Andrew Sinclair said it appeared to be a case where there were no other witnesses and it would be the woman’s word against the man’s. “It’s impossible to assess the Crown’s case as being strong or weak at this point in time,” he said.
Mr Sinclair said as the man had no criminal history in Australia he did not expect him to breach conditions of bail.
He granted bail on the condition the man surrender his passport, report to police every weekday and not approach within 500m of an international departure point.
The matter will court on March 20. return to