Man allegedly rapes ex-partner two days after intervention order served

A 30-year-old Hampton East man appeared at the Ballarat Magistrates' Court on Monday to answer charges of rape, unlawful assault and breaching intervention orders.

The 30-year-old appeared via video link from jail to apply for bail. He will not be named to protect the identity of the alleged victim.

The rape was said to have occurred less than two days after a family violence intervention order was issued between the 30-year-old and a 46-year-old Ballarat North woman.

The order was made on November 2, 2023, stating the man could not be within 10 metres of the alleged victim, commit family violence, or be within 200m of where she lived or worked.

On November 3, 2023, neighbours reported an argument at the 46-year-old woman's house with the man.

Police alleged the following day, the 30-year-old sent an email to the woman, which said "I love you, I have changed", in breach of the order.

The man then allegedly let himself into the woman's address at 8pm that afternoon, using keys he had to her unit.

Police said the man then raped the woman in her home, and assaulted her by strangling her throat.

The woman was taken to the Ballarat Base Hospital, where her neck was CT scanned, and she was medically examined.

The 30-year-old was arrested on November 7, 2023, at Moorabbin train station, smelling strongly of alcohol and deemed unfit for interview.

The court heard the man faced unlawful assault and intervention breach charges, and was only charged with rape four months after he was arrested.

During an interview, the man was alleged to have told police "she is a master manipulator, I should have stayed away from her when the courts told me to stay away from her".

At Monday's hearing the man's parents gave evidence via video link.

It was proposed for the man to stay at his parent's St Kilda East address if he were to be granted bail.

The court was told the man had prior convictions for breaching intervention orders and family violence related offending.

He also had a history of methamphetamine use, stemming from the suicide of a close friend in 2014.

The man's lawyer told the court he would contest the charges in the County Court.

The lawyer also said there were inconsistencies in witness statements taken by neighbours following the report to police.

Magistrate Michelle Myktowycz said any time the man spend in custody would not exceed a potential sentence.

"In my view it is a fairly strong prosecution case, the complainant has provided two sworn statements, forensic examinations," the magistrate said.

Magistrate Mykytowycz refused to grant the man bail.

The magistrate said had drug and alcohol counselling been available upon release, it may have changed her considerations.

"There is nothing before me to confirm that should I grant you bail, you would have immediate access to a program that will provide you drug and alcohol counselling," the magistrate said.

"If that was available I might have found compelling reasons."

Affected by this story? There is help available.

You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.

Or phone Lifeline on 13 11 14, the Blue Knot Foundation on 1300 657 380, or Relationships Australia on 1300 364 277.