![Bendigo man denies alleged rape of former-partner while armed with machete. Picture by Brendan McCarthy Bendigo man denies alleged rape of former-partner while armed with machete. Picture by Brendan McCarthy](/images/transform/v1/crop/frm/175733922/d2f96dca-0c15-4407-93e1-78146c5e607c.jpg/r0_298_5580_3435_w1200_h678_fmax.jpg)
A Bendigo man accused of raping his ex-partner with a gun-like object has appeared in the County Court, denying any sexual acts took place.
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The man is charged with one count of sexual assault, one count of rape, one count of common assault and two counts of theft - alleged to have taken place on November 21 in 2021.
He has denied all charges.
The County Court sitting in Bendigo heard the 44-year-old man and the complainant share a child but they were no longer in a relationship.
The man's defence barrister Adrian Bates said there was some dispute over whether the pair were together at the time of the alleged crimes.
Prosecutor David Cordy said the woman believed the relationship had ended when her former partner entered her house through an unlocked back door while she was in bed.
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The court heard this object was not a gun.
She alleged he asked her to go to the lounge room where he was playing a pornographic film and she felt she had to go, because he was speaking loudly and had the two objects described.
On the couch, she said she was sexually assaulted and raped with the gun-like object despite saying she did not want to participate.
Prosecutor Cordy said the man then allegedly shoved the gun-like object into the woman's eye, bruising it. This constituted the third charge of common law assault.
The prosecution case is that the man left soon after, took the woman's car and bank card and used the latter to withdraw $200 from an ATM.
The prosecution said the woman had previously allowed the man to use the car and the bank card but he did not have permission that night. The court heard she sent a text message at 12.36am on November 22, 2021, asking the accused for her car and bank card back.
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On November 23, 2021, around 2am the police observed the woman's allegedly stolen vehicle driving erratically and unsuccessfully tried to intercept it.
They later found the car abandoned and unlocked with the keys still in the ignition. There was a large machete with a black handle in the driver's side footwell of the vehicle.
In a later search of the car, the complainant's bank card was found.
Around 3.31am, the complainant was told by police the vehicle had been found.
She said to officers that the accused had had the car but she had not known where it was nor had she given him permission to use it.
She did not initially disclose an assault had occurred but reported it later that morning, attributing the delay to the fact she was "terrified of him".
Mr Bates said his client:
- Did not dispute he was at the complainant's house on the night
- Admitted he owned a machete but denied he had it in her house
- Did not dispute he took the car but contended he had her permission
- Contended the pair was still in a relationship on the date in question
- Denied possessing the gun-like object
- Denied any sexual contact - the alleged sexual assault and the alleged rape - with the complainant - and also denied the assault
- Denied stealing $200
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The accused told police he and the complainant had had an argument on November 21, 2021, and he had thrown an item at the back fence, making a loud noise, before he left the address.
He told police he "blanked out" after that and the next thing he remembered was waking up the next morning in Golden Square.
Prosecutor Cordy said a gun-like object was found at the accused's address and the accused's DNA was present, but the DNA of the complainant was not.
Prosecutor Cordy said that did not necessarily disprove the allegations.
Mr Bates told the jury there was also no video of the ATM from which the $200 was dispensed.
Judge Geoffrey Chettle told the jury there was no "typical or proper response" to sexual violence and that delay in reporting was a "common occurrence".
The trial continues.
If this story has raised concerns for you, help is available at Lifeline 13 11 14 or 1800 RESPECT on 1800 737 732.
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