AN ELITE private school boy accused of raping an unconscious girl in a filmed attack was tagged on her Facebook profile just two days before being charged.
The 15-year-old former student of the Cranbrook School, in Sydney's eastern suburbs, was excused from attending court yesterday because his parents were working overseas and could not transport him.
He was charged on March 21 with sexually assaulting the 15-year-old girl from the private Sydney Church of England Girls Grammar School (SCEGGS), while another 15-year-old boy from Rose Bay Secondary College faces charges over filming the act on his phone.
On March 19, at 11.32pm a boy tagged the accused rapist on the victim's personal Facebook profile - the day The Daily Telegraph exclusively revealed the incident - asking if the girl was the one he had been talking about.
Bidura Children's Court in Glebe was told yesterday the boy was under strict bail conditions not to "stalk", approach or contact the girl or go within 100m of SCEGGS, located in Forbes St, Darlinghurst.
Legal Aid solicitor Aaron Tang had asked the court to excuse the teen from appearing in court because he now lived interstate.
"His parents are overseas for work and unable to transport him or accommodate him in Sydney," Mr Tang told the court.
Magistrate Sue Duncombe said there was a provisional order in place to protect the victim and continued the bail conditions until the matter was heard again on May 2.
The boy, who cannot be named for legal reasons, is charged with aggravated sexual assault, with police alleging that on March 4, between 8.15pm and 8.25pm he had sexual relations with the girl without her consent at Bellevue Hill.
Sergeant Daniel Davie, of Kings Cross police, stated in court documents that: "At the time of the offence the victim was intoxicated by alcohol and was not aware of the offence until she was informed by other people by text message the next day.
"Mobile phone footage was taken of the offence and has been seized by police."
The accused boy's curfew means he cannot go out between 9pm and 6am unless in the company of certain people and he must notify the court of any change of address.
Court documents show the father attended the police station with the boy on the day he was charged, "to act as a support person while his mother is currently overseas".
"As a result of this matter is moving down to reside with his aunt and uncle," police stated in bail documents. "The young person's father will be returning overseas on 23 March 2017."
His co-accused, who has pleaded not guilty to charges of filming a young person committing a sexual act on another young person without their consent, producing child abuse material on his mobile phone and distributing that material on social media, will also face court on May 2.
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