A Ballarat North man accused of locking a 14-year-old girl inside his house and telling her he would not let her out until she had sex with him, has been refused bail.
The 46-year-old man, who The Courier cannot name in order to protect the complainant's identity, applied to be released on bail at the Ballarat Magistrates Court on Friday.
He faces up to 10 charges, including false imprisonment, intent to commit a sexual offence, possessing child pornography, being a prohibited person possessing a imitation gun and making a threat to kill.
Police prosecutor Leading Senior Constable Clint Prebble said on March 12 police received information the accused was in possession of a handgun located in his bedroom.
He said the teenage complainant had seen the handgun in his bedroom and he made a threat to kill her. The teenager and accused were allegedly in a sexual relationship and he had supplied her with drugs.
Police allege on March 13, the teenager and her 16-year-old friend attended the accused's house on his request. Another man was already at the address.
Leading Senior Constable Prebble said once the teenagers were inside his house, the accused locked the three people in, prevented them from leaving and took their mobile phones.
He said the accused man attempted to punch the 14-year-old complainant in the head before he dragged her into his bedroom, pulled down her pants and said, 'you will not leave this house until you have sex with me'.
The teenager quickly pulled her pants back up, the court was told.
"She said, 'you are going to rape me', and the accused became further enraged, grabbed a screwdriver and lunged at her. She got out of the way just in time," Leading Senior Constable Prebble said.
"The accused followed (the complainant) to the lounge room and yelled at them, saying, 'if you go down, we all go down,' referring to the handgun."
The accused allegedly told the male complainant he would shoot him and gut him like a pig. This complainant then phoned police and the two teenagers ran to the back door, believing the accused would carry out his threats.
The court was told police arrived and found the teenagers in an hysteric state. The teenage complainant reported the incident on March 16 and Ballarat Sexual Offences and Child Abuse Investigation Team members attended the accused's house on March 18.
They seized his mobile phone, cannabis and a screwdriver. Numerous child pornography images of the teenager were allegedly found on his phone.
Police opposed bail because they believed the accused was at risk of failing to appear on bail, interfering with witnesses and endangering the public's safety.
Defence lawyer Natasha Freijah said there would be a number of issues to look at in the prosecution case, including the credibility of the complainant.
She said police were unsure the day they attended her client's house and he wasn't charged the day they first attended.
"If they thought there was serious risk, why did they not arrest him on that day, when the females were in a hysterical state," Ms Freijah said.
"The allegations are wholly denied. He was interviewed and provided his version of events which was different to the victim's version."
Ms Freijah said there would be a delay in the matter if it went to a trial, especially with the COVID-19 situation.
She said a combination of factors showed compelling reasons why her client should be bailed from custody.
Magistrate Ron Saines said it appeared there would issues to be contested, further charges could be laid and further charges could be withdrawn.
"It is possible a committal or trial could go on for more than 12 months," Mr Saines said.
"It appears to be that it's highly likely a substantial period of imprisonment will be imposed for offences like these. Child pornography charges will be proven and child pornography will be viewed as a highly serious matter."
The magistrate said, if the accused was bailed on the Court Integrated Services Program, this would be restricted because face-to-face appointments had been suspended.
He said he was not satisfied CISP, delay and housing issues showed compelling reasons and bail must be refused.
"There are also risks in interfering and contacting witnesses which can't be reduced by bail conditions with a man with such a considerable criminal history," Mr Saines said.
The man was remanded in custody until a committal mention on June 11.
