Two boys allegedly invited to join a “degrading” and “humiliating” gang-rape in Sydney have been granted bail.
The pair are among three-۱۷-year-olds accused of subjecting a teenage girl to an hours-long sexual assault on the night of ۱۶ August.
The alleged instigator, a private school boy charged with ۱۱ offences, allegedly took the girl to a football game and drinks before taking her to a home when she felt sick.
He is accused of raping her before a text message was sent to a friend, a children’s court was told on Friday.
He then invited another boy via text message to join in, with that boy attending to attack the girl, police prosecutor Sergeant Rhonda Riley alleged.
That boy has been charged with six counts of sexual assault in company as well as common assault.
The pair are alleged to have bragged about the attack to another friend, crudely telling him that he needed to have sex with the girl.
He responded to the invitation and arrived at the house and engaged in non-consensual sex with her, the court was told.
The third boy has been charged with two counts of aggravated sexual assault in company.
The alleged instigator did not apply for bail when his case was mentioned on Friday but his two co-accused did.
Children’s court judge Jeff Tunks was urged to consider that the teens had strong family supports, schooling commitments and lacked criminal histories.
Jai Rose, representing the second alleged attacker, said his client would abide by any bail conditions imposed.
Rose also pointed to the looming higher school certificate exams, prompting Sgt Riley to remark that the alleged victim would also have to complete her exams “going through fear, going through pain”.
The barrister for the third teen meanwhile suggested consent would be an issue at trial as a text after the alleged attack claimed the boy had not received necessary “context” from his co-accused.
Judge Tunks said social and sporting ties and exam delays were of little relevance to the bail assessment.
He described the alleged attack as “degrading” and a “humiliating” ordeal with “elements of menace”.
However, he granted bail to the two co-accused, finding the risks posed by the pair could be mitigated with strict conditions.
“The bail act is not used as some sort of de facto punishment for crimes that are not proven beyond reasonable doubt,” Judge Tunks said.
Both teens were ordered to be of good behaviour, report to police daily and abide by a home detention condition.
They were instructed not to contact each other or witnesses, surrender travel documents and possess only one phone.
The alleged instigator 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 teens’ cases return to court in October.
