Teen boy allegedly messaged two others to join ‘degrading’ and ‘humiliating’ Sydney gang-rape, court hears

Two 17‑year‑old boys accused of taking part in a gang‑rape in Sydney have been granted bail, while the alleged instigator remains in custody. The case, heard in a children’s court on Friday, involves a teenage girl who was allegedly assaulted for several hours on 16 August.

The alleged instigator, a private‑school student, was charged with 11 offences. According to the prosecution, he took the victim to a football match and to a bar, where she fell ill. He then allegedly brought her to a house and raped her. After the assault, a text message was sent to a friend, and the instigator invited a second boy to join in the attack. The second boy was charged with six counts of sexual assault in company and one count of common assault. The third boy was charged with two counts of aggravated sexual assault in company.

During the hearing, the prosecution presented evidence that the boys had bragged about the assault to a third friend, encouraging him to have sex with the victim. The third friend allegedly responded to the invitation, arrived at the house, and engaged in non‑consensual sex with the girl. The prosecution also argued that a text sent after the alleged attack indicated that the boy had not received the necessary “context” from his co‑accused.

The judge, Jeff Tunks, was briefed that the teenagers had strong family support, were enrolled in school, and had no previous criminal convictions. The defence argued that the boys would comply with any bail conditions and that the victim would still need to complete her higher school certificate exams while recovering from the assault. The judge rejected the relevance of the defendants’ social and sporting ties and exam schedules to the bail decision, describing the alleged attack as “degrading” and “humiliating” and noting the presence of “elements of menace”.

Despite the seriousness of the allegations, Judge Tunks granted bail to the two co‑accused. He said that the risk posed by the defendants could be mitigated with strict conditions and that the Bail Act was not intended to serve as a de facto punishment for unproven crimes. The bail order requires the two boys to show good behaviour, report to police daily, and comply with a home detention condition. They must not contact each other or any witnesses, surrender their travel documents, and be limited to one phone.

The alleged instigator did not apply for bail when his case was mentioned on Friday and remains in juvenile detention. He faces the most charges, including six counts of aggravated sexual assault in company and three counts of sexual intercourse without consent.

The next hearing for the three teenagers is scheduled for October. The case is being closely monitored by the community, with local advocacy groups calling for a thorough investigation and appropriate legal action. The court’s decision reflects a balance between the need to protect the victim and the presumption of innocence until proven guilty.