Accused rapist bailed after ‘fetish’ claims
A GOLD Coast man accused of raping his former partner and choking her so hard her trachea perforated is back on the streets.
The man, who cannot be named for legal reasons, claims the sex was entirely consensual.
He claims they had a "fetish"-style relationship that had included acts of choking.
The 28-year-old man appeared in Southport Magistrates Court on Wednesday charged with acts intending to disable and rape.
It is alleged the pair who dated six years earlier ran into each other in Surfers Paradise last month.
They then agreed to go out on the town, including to the rooftop bar Nineteen in Broadbeach.
It is alleged they went back to a room in a luxury apartment building in Surfers Paradise.
Police allege the woman asked the man to use a condom and said to stop after he refused.
The woman allegedly repeatedly told him to stop.
It is alleged that the man held his hand around her neck restricting her breathing.
After the woman left she allegedly went to hospital where she was told she had a perforated trachea.
The court was told there is CCTV of the woman leaving the apartment, medical evidence and photographs of her injuries.
Defence solicitor Troy Smith, of Moloney MacCallum Abdelshahied Lawyers, told the court the sex was consensual.
He said when the pair were in a sexual relationship they often engaged in fetish activities.
Magistrate Grace Kahlert granted the man bail.
"The safety of the complainant gives me the greatest concern," she said.
"I order he not have contact with the complainant or ask someone else to contact the complainant."
Other conditions imposed include he live at his Gold Coast home, report to police three times a week, not leave the country and not be within 100m of the woman.
Originally published as Accused rapist bailed after 'fetish' claims