A MAN accused of raping a 13-year-old child has been refused bail.
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The 24-year-old man appeared in the Mount Isa Magistrate’s Court by video link yesterday, but the matter was adjourned to December 8.
Solicitor from the Aboriginal and Torres Strait Islander Legal Service Bob Quilliam said the defendant he represented could not be presumed guilty.
He told Magistrate Rod Madsen the defendant already spent time in custody, and imprisonment was not guaranteed.
“Quite simply your honour, his position is he did not rape anyone,” Mr Quilliam said.
“His position is he didn’t know her age and thought she was of age. “That’s obviously something that needs to be determined.”
Police prosecutor Sergeant Heather Whiting confirmed the alleged victim’s age.
She said the defendant was already on bail when he allegedly committed the serious offence.
He knew his bail conditions and should not have put himself in a position where he would be accused of other charges, Sergeant Whiting said.
Mr Madsen said the defendant was “still facing the prospect of a jail sentence” even if not charged with rape because the alleged victim was a minor.
Other charges the man faces include fraud, drug possession and having stolen property.