Bendigo man charged with 1988 rapes released on bail

Rodney Hampton, 57, appeared at the Bendigo Magistrates' Court on Tuesday following his remand in November last year.

He has been charged with two counts of rape dating back to 1988, when he was 24.

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Police alleged Mr Hampton raped a 20-year-old woman in Bendigo on January 15 of that year.

Mr Hampton was also charged with raping a 16-year-old girl on March 19, 1988.

Forensic samples were taken in both cases and a DNA profile was obtained in 2012.

Then in June 2019, a DNA sample from Mr Hampton was examined and allegedly matched to the samples taken from one victim's underwear and a vaginal swab from the other.

Mr Hampton was arrested November 2 last year. An initial application for bail was denied on November 9.

Mr Hampton again applied for bail on Tuesday, with his defence lawyer Tom Battersby saying bail conditions could alleviate any of the prosecution's concerns.

But crown prosecutor Peter Atkinson said police were opposing the application on the grounds Mr Hampton was a "flight risk" who would fail to appear in court.

Mr Atkinson said police were also concerned the 57-year-old would interfere with witnesses.

Mr Battersby said Mr Hampton had lived at the same address for almost 20 years and had no contacts outside of Victoria.

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The defence lawyer said his client had been compliant with the police and would continue to be if released on bail.

Mr Battersby said Mr Hampton had a limited history of breaching court orders.

Magistrate Russell Kelly said it was difficult to assess the strength of the prosecution's case as it relied on forensic analysis of DNA.

Mr Kelly said there was always a risk of cross-contamination given the checks would have been different in 1988.

The magistrate said he took into account Mr Hampton's cooperation with police and the time he had already spent in custody.

Mr Kelly granted Mr Hampton's application, saying he was satisfied bail conditions would reduce any risks.

Those conditions included Mr Hampton not contacting witnesses, not leaving Victoria, and staying at his Bendigo address.

Mr Hampton is due to return to court next month for a committal mention.

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