Man accused of threatening girl while repeatedly sexually assaulting her

CONTENT WARNING: This article refers to alleged child abuse.

A man is accused of using threats to try to manipulate a young girl aged in her early teens while he repeatedly sexually assaulted her earlier this year.

Graeme Leslie Herbert, a 45-year-old from Scullin, was refused bail after being charged with allegedly raping the girl he met through a family member and is not related to him.

It is alleged she had gone to his home in late 2023 where he gave her two cans of alcoholic drinks which made her feel dizzy. She then went to bed.

He allegedly got into the same bed as her, then took her phone and removed its SIM card, which meant it was unable to make calls.

Early the next morning, he allegedly woke her up and started touching her.

She allegedly told him things like, “We should not be doing this. This is weird. You’re so much older than me” and “This is wrong”.

He allegedly raped her even though she told him to stop. At one stage, he reportedly told her, “If you don’t let me do this, I will tie you up”.

The girl fell asleep afterwards, but when she woke up, Herbert allegedly talked to her about telling others what happened and told her he knew “bikies”.

He then allegedly raped her again.

The girl told a friend what allegedly happened the next day. Several days later, she went to hospital and was interviewed by police.

When Herbert, who works as a removalist, appeared in the ACT Magistrates Court on Monday (11 December), he was charged with three counts of sexual intercourse with a person under 16 and one count of committing an act of indecency in the presence of a young person to which he pleaded not guilty.

He applied for bail and his lawyer, Alyssa Ellwood from the Aboriginal Legal Service, said he had never been charged with similar offences.

She said there was no allegation of family violence, which meant he could live at home.

Ms Ellwood also said as he pleaded not guilty, the matter would ultimately go to trial, which would mean he was in custody for a lengthy period if he was refused bail.

But prosecutor Lewis Etheredge, who opposed bail, said the allegations were extremely serious and alleged the assault continued despite the girl’s protests.

Chief Magistrate Lorraine Walker said the alleged circumstances were concerning to her. She said there was an alleged attempt to manipulate the girl through fear, such as the threat to tie her up and the reference to bikies, which suggested a capacity for violence.

The chief magistrate said she was concerned about Herbert interfering with evidence, noting it was an early stage of the investigation.

Bail was refused and the matter was adjourned to January 2022.

If you or someone you know needs help, you can contact:

Lifeline’s 24-hour crisis support line – 13 11 14
Suicide Call Back Service – 1300 659 467
Kids Helpline – 1800 551 800 or kidshelpline.com.au
MensLine Australia – 1300 789 978 or mensline.org.au.