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Warning: Graphic content
Three teenage boys accused of gang raping a 17-year-old girl allegedly organised the attack through text messages, a court has heard.
The details emerged as prosecutors urged the judge to think of the victim’s life-altering mental and physical injuries as she prepares to sit her HSC in the aftermath of the “abhorrent” alleged attack.
The three 17-year-old boys, two of whom are students at the private St Gregory’s College near Campbelltown and the third from nearby Elderslie High, have spent nine days in custody since being arrested last week in the Macarthur region.
Police allege that the boys and the girl had been watching a local football match before going out drinking at a pub, despite not being of legal age. None of the young people in the case can be identified because of their age.
The girl went home with one of the boys, feeling unwell, but police allege he sexually assaulted her as she tried to fight him off.
The first boy acted as a “ringleader”, police allege, first inviting one of the boys to join in his assault on the girl via texting.
The pair then left, but returned with a third boy, allegedly “promising” he could assault her as well. The third boy allegedly assaulted the girl in the same bedroom.
Prosecutor Sergeant Rhonda Riley told the court that the girl was told she would have sex with the third boy “or they weren’t leaving”.
“There was absolutely a promise, an agreement, for him to have sex with the complainant,” Riley said.
Lawyers for the third boy told the court that one text message, to another witness, told a different story.
“I don’t know, what the f— (Boy 1) and (Boy 2) didn’t give me context,” the text read.
Riley said it was “rubbish” to suggest that the boys had not made an agreement between them.
“There was an agreement – it was promised to him,” she said.
The alleged ringleader, who is facing 11 charges including counts of aggravated sexual assault in company, was not released on bail when the case was heard in Campbelltown Children’s Court on Friday.
The two other boys, citing the need to study for their HSC, their strong community ties, clean criminal records and threats in prison, asked for release.
Arguing against bail, Riley told the court: “The complainant is also doing her HSC.
“I can’t imagine what she is going through. But she will need to complete her HSC going through pain and fear – not only mentally – for some time going forward.”
A nurse had made notes after seeing the girl in a forensic examination, which said she had injuries consistent with the version of events she had given to police.
The second boy was charged with eight offences, including six counts of aggravated sexual assault in the company of others, sexual intercourse without consent and common assault. The third boy faces two counts of aggravated sexual assault in the company of others.
Judge Jeff Tunks said he was deeply troubled by the “five separate and discrete episodes of alleged non-consensual sexual intercourse”, some of which police say involved violence.
“Each of which involved an essence of menace, and each of which involved what could only be described as an otherwise degrading treatment of the complainant, who was at the time in a vulnerable position,” he said.
Tunks noted the pair would be likely to go to prison if found guilty, but he granted bail because he felt the risks they posed to the witnesses and community could be managed with house detention.
“The allegations against this young person, no matter how confronting they may be, remain just that – allegations,” he said.
The boys’ mothers broke down in tears as they watched their sons appearing via video from the cells. They will be released later on Friday.
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732) or the Men’s Referral Service on 1300 766 491.
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