A Tullimbar man has been charged with the rape of a woman at a buck's party in Sydney.
Phillip Stewart, 42, was charged with one count of aggravated sexual assault, deprive liberty, and appeared in Wollongong Local Court on Friday, November 10, where he applied for bail.
Documents tendered to the court state that the former miner and the alleged victim attended a bucks party over a weekend in early 2023.
On Saturday, the celebrations began in earnest, and at one point during the party, Stewart and the woman went to a bedroom where they had consensual sex. During this sex, the woman sustained an injury.
The pair rejoined the group, who then went to the Sydney CBD for dinner, and around this time the woman told Stewart she was in pain.
Stewart, the woman and other members of the party then went to a nightclub on Oxford Street and while there Stewart allegedly pulled the woman's arm towards the bathroom of the club and suggested they have sex, to which the woman said no.
When last drinks were called, the group left the nightclub, and returned to their accommodation.
During the taxi ride back to the Airbnb, Stewart and the woman were in the back seats where he allegedly unzipped his pants, exposing his penis and testicles and repeatedly told the woman to give him a "head job", which she said "no" to.
When the group returned to their accommodation, Stewart and the woman went to a bedroom, where the woman looked for her car keys in order to leave.
Stewart allegedly took the car keys from the woman and told her "you're not going anywhere".
Stewart then allegedly raped the woman, despite her repeated attempts to get Stewart to stop and calling out for others to intervene. At one point the woman allegedly "went limp", after which Stewart ejaculated.
Afterwards, the woman again attempted to leave, but Stewart allegedly stopped her, holding her and allegedly causing her to stay against her will.
The next day the group left and returned home.
Later that day the woman allegedly confronted Stewart about what had occurred and Stewart allegedly said he was drunk and "high" and did not remember what had happened.
"I've spent my life like that," he said.
Days later, the woman told a friend what had allegedly occurred, but was told not to report the incident to police.
In mid 2023, during the course of a separate investigation, the woman told police what had happened and in July the woman provided a statement to police.
During September and October this year police surveilled Stewart electronically. At two points, the woman confronted Stewart about what had allegedly occurred. Stewart denied any memory of what happened but apologised to the woman.
In a separate phone call to another person, Stewart said that he remembered the entire night, but said "nothing happened".
On November 9, police arrested Stewart at his Tullimbar address.
Police prosecutor Sergeant Anna Comer, opposed Stewart's bail application, citing concerns Stewart would endanger the safety of the woman, interfere with the woman's evidence and the risk of Stewart committing further serious offences.
Sergeant Comer said the prosecution case was "strong", with evidence of an early first complaint and police surveillance.
Lawyer Ben Hart, representing Stewart, said his client worked six days a week at the Shellharbour quarry and could comply with strict bail conditions, including reporting to police daily, not entering the suburb where the woman lives and a suitable person could put forward a $30,000 surety to ensure Stewart attended future court dates.
Mr Hart said his client intended to fight the charges and plead not guilty and that the delay in the reporting meant that CCTV from the nightclub and taxi would no longer be available.
In addition, the long wait for the matter to come to trial would mean Stewart would spend a large amount of time on remand before a trial, Mr Hart said.
Magistrate Sharon Holdsworth said the alleged sexual assault was "disturbing" and a "very serious assault of this type".
Ms Holdsworth also noted Stewart had a separate conviction for domestic violence and said there was an "unacceptable risk" of Stewart committing further offences.
Ms Holdsworth refused bail and Stewart will return to court in January.
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