A witness has told a Melbourne rape trial that the cousin of a woman who alleges she was raped by a well-connected Melbourne man said the woman wanted to take him for “all that he’s worth”. The man, who cannot be named for legal reasons, has pleaded not guilty to two counts of rape and one count of sexual assault in Victoria’s County Court.
What the court was told #
The witness giving evidence told the court they had been informed by the alleged victim’s cousin that the woman had engaged the same legal team as advocate Grace Tame and intended to pursue the accused man for “all that he’s worth”, according to evidence given in court. The comment was raised during cross-examination as part of the defence case being put to the jury.
VCN is not naming the witness or the cousin referred to in evidence, in order to avoid any risk of identifying the complainant, whose identity is protected by law regardless of the outcome of the trial.
The charges before the court #
The man appeared in the County Court charged with two counts of rape and one count of sexual assault. He has pleaded not guilty to all three charges and, as the court has been told, intends to defend the charges. No further detail of the alleged offending can be published beyond what has been stated in open court, and nothing in this article should be read as an indication of guilt.
Under Victorian law, a person facing criminal charges is presumed innocent until a court makes a finding of guilt. The prosecution carries the onus of proving each charge beyond reasonable doubt before a jury.
Why the man cannot be named #
Readers may notice that VCN, like other outlets covering this matter, has not identified the accused. This is a deliberate legal decision made in accordance with a suppression or non-publication order affecting this case, the details of which cannot themselves be reported. Victorian courts can restrict identification of an accused person where doing so is necessary to protect the identity of a complainant in a sexual offence matter, among other reasons. It is a criminal offence under the Judicial Proceedings Reports Act 1958 (Vic) to publish material that identifies, or is likely to lead to the identification of, a victim of an alleged sexual offence — a protection that applies regardless of whether the case proceeds to conviction or acquittal.
This is why VCN’s reporting on this trial refers only to “the man” or “the accused”, and why we are withholding identifying detail about witnesses connected to the complainant.
How the defence case is being run #
Evidence about communications between family members and associates of a complainant is sometimes led by defence counsel in sexual offence trials where motive or credibility is contested. The court was told the exchange referred to by the witness formed part of the defence’s broader questioning of the complainant’s account and the circumstances in which the allegations first came to the attention of police.
Defence barristers are entitled to test a complainant’s evidence, including by putting propositions about motive to witnesses, provided this is done within the rules of evidence and under the supervision of the trial judge. Prosecutors, in turn, are able to challenge or contextualise such evidence in re-examination or through other witnesses called during the trial. The jury will ultimately decide what weight, if any, to give to the exchange described in court.
The trial process from here #
The matter remains before the jury, with the trial continuing in the County Court. It is expected further evidence will be called before the jury retires to consider its verdict. VCN will continue to report on proceedings as they occur in open court, consistent with our obligations under Victorian defamation and sub judice contempt law.
Court reporting of this kind is protected by qualified privilege where it constitutes a fair and accurate account of what is said in open court. That privilege does not extend to speculation, commentary on guilt, or detail that risks identifying a complainant — restrictions VCN applies strictly in all reporting on sexual offence matters.
Understanding sexual offence trials in Victoria #
Rape and sexual assault matters in Victoria are typically heard in the County Court before a judge and jury. Complainants in these matters are entitled to a range of protections, including the ability to give evidence via video link, the presence of a support person, and the lifelong prohibition on publication of any material identifying them, which continues whether or not the accused is convicted.
Background on how Victorian courts handle sexual offence proceedings, including complainant protections, is available through the Court Services Victoria website. Further information on the legal framework governing suppression orders and non-publication orders in Victoria is published by the Judicial College of Victoria.
The matter is currently before the courts. All persons charged are presumed innocent until proven guilty in a court of law.
Readers seeking support can contact the Sexual Assault Crisis Line on 1800 806 292 (available 24/7), 1800RESPECT on 1800 737 732, or Safe Steps Family Violence Response Centre on 1800 015 188. Anyone with information relevant to a police investigation can contact Crime Stoppers on 1800 333 000. Support for emotional wellbeing is also available through Lifeline on 13 11 14 or Beyond Blue on 1300 22 4636.
