A Harcourt man charged with the attempted rape of a woman following a home invasion in Epsom last month has been released on bail.
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Gary Stephen Salvaggio, 33, is charged with aggravated burglary, attempted rape, sexual assault, assault with intent to commit sexual assault and unlawful assault following the alleged events on October 13.
Detective sergeant Rod Neylan told the Bendigo Magistrates’ Court the 32-year-old victim was in bed at the time of the alleged assault and her eight-year-old son and another woman were in other rooms of the house.
Sergeant Neylon said the victim woke to find a person, allegedly Mr Salvaggio, crawling on her bed on his hands and knees.
The person then allegedly assaulted her and made reference to her son saying “he would get it or similar”.
The person then fell from the bed and left the house and was seen running past the front of the building.
The court also heard phone records showed four unanswered calls had been made from Mr Salvaggio’s mobile phone to that of the victim on the night in question, but there was “no association” between the two.
Sergeant Neylon said investigations into the phone calls were ongoing, and Mr Salvaggio had given two conflicting explanations as to how he came to be in possession of the victim’s number.
Mr Salvaggio’s defence council, Robert Timms, indicated his client’s intention to plead not guilty to all the charges as they stood, but he would be prepared to plead guilty to alternate charges of burglary with intent to steal.
The court heard the accused provided police with an alternative explanation for the night’s events in which he admitted to entering the property, but had no intention of assaulting the victim.
Sergeant Neylon told the court Mr Salvaggio said he was approached by the victim once he was inside the house and an altercation ensued, during which his hand “accidentally” slipped down her pants.
In opposing bail, Sergeant Neylon said Mr Salvaggio described a “snowball effect” where “one thing led to another”, but that evidence including CCTV footage recorded on the night suggested “more predatory behaviour”.
Sergeant Neylon told the court that due to the seriousness of the offending Mr Salvaggio posed an unacceptable risk and would be a danger to public safety if released.
But Mr Timms argued the “strict” bail conditions, which included provisions requiring Mr Salvaggio to reside with his mother in Sydney and not re-enter the City of Greater Bendigo would “hugely reduce any risk”.
Mr Timms said Mr Salvaggio had no prior criminal history and would have adequate family support while on bail.
In setting Mr Salvaggio’s bail at $50,000, magistrate Bruce Cottrell said while the prospect of further offending was a paramount consideration and the victim remained fearful of the accused, he was “satisfied the unacceptability of the risk is ameliorated by the conditions of bail”.
Mr Salvaggio will return to court on February 1 next year.