A teenager accused of throwing a female jogger to the ground and raping her in a Melbourne park has been granted bail after making a second bid to be released.
The 16-year-old was charged with rape, stalking, false imprisonment, assault and recklessly causing injury over the alleged attack in Jacana on August 14, and was initially refused bail after being deemed an unacceptable risk to the community.
But he was allowed to leave custody by a children’s court magistrate on Friday who said that although the prosecution case was strong she was not convinced he would be given a significant jail sentence, and that detention should be a last resort.
She set strict bail conditions, including prohibiting the teenager from leaving his home without an adult, an 8pm to 7am curfew, and regular judicial monitoring.
She said it was his first time in custody and that he lacked prior convictions and warned the teenager “any slip-ups at all, you’ll be right back here and will find yourself in custody very quickly”, Nine News reported.
In his application the accused’s lawyer told the court his family were willing to monitor him 24-7 and had a plan for him to re-engage with school and work, and the magistrate agreed that stringent conditions would reduce the risk to the community.
Prosecutors argued that the risk of harm to the community was high because the alleged attack was random, and noted that Child Protective Services had safety concerns for the teenager’s female family members.
Youth Justice said that bail was not suitable because it was yet to be determined what led to the alleged offending.
The teenager’s alleged victim was passing under a bridge area in Jacana Reserve, near Johnstone Street, at 11.30am on August 14 when she was allegedly thrown to the ground from behind and sexually assaulted by an unknown male.
She was able to escape and was assisted by two passersby before being taken to hospital with minor injuries including scratches and shoulder pain.
Police searched the area but were unable to find the alleged attacker.
Following the release of CCTV footage the teenager was arrested and charged two weeks later.
He will face a children’s court again next week.
Pictured above: The scene of the alleged attack in Jacana Reserve (Nine News)
