A man is accused of threatening to tie up an alleged child rape victim and of threatening her with his "bikie" connections if she reported him.
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"Not guilty," Graeme Leslie Herbert responded to a list of charges while wearing a singlet, shorts and thongs in the ACT Magistrates Court on Monday.
The 45-year-old Scullin man denied three counts of sexual intercourse with a child and one count of committing an act of indecency in the presence of a child, said to have taken place one night in late-2023.
Prosecutor Lewis Etheredge opposed the man's bail, which was ultimately refused, on a number of grounds that included the likelihood he would endanger the child's safety and interfere with witnesses.
"There was a threat made about bikies if she told anyone," he said.
Police documents tendered to the court detail the allegations made against Herbert, including that he organised through text message for the child to spend a night at his home.
He met the alleged victim, aged in her early teens, through a family member and they are not related.
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Police claim Herbert picked up the child in a car and took her home, where no one else was present, and he gave her two cans of an alcoholic drink.
This, Mr Etheredge said, constituted planning and grooming-like behaviour leading up to the alleged offending.
He later allegedly got inside the same bed as the girl and removed the sim card from her phone, instead giving her his phone to scroll through social media.
The child told police Herbert began acting "weird" before she fell asleep.
Herbert allegedly woke up the child and raped her in multiple ways, during which time she is said to have told him: "No, we can't be doing this ... this is wrong."
He allegedly told her: "If you don't let me do this, I will tie you up."
Police allege she fell sleep again and awoke later that morning, when Herbert expressed concern about the girl reporting what had occurred.
"The defendant advised [the child] that he knew 'bikies'," police documents state.
He then allegedly raped her again.
The prosecutor said the case was relatively strong and that the child had quickly reported the alleged assault to numerous people.
"This is not a historical allegation which can often come before the courts," Mr Etheredge said.
Police arrested the man on Sunday morning at his home, where they found the girl's clothes.
Chief Magistrate Lorraine Walker ultimately refused the man's bail application, citing concerns over possible interference with the child after his alleged "attempt to manipulate the complainant by the use of fear".
Ms Walker also noted the investigation was at an early stage and further questions about evidence still to come could be forthcoming.
The man's sole supporter in the public gallery placed her face in her hands when his bid for freedom was refused.
He is set to face court again next month.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; Bravehearts 1800 272 831 Blue Knot Foundation 1300 657 380.
Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
