A Mackay man has been accused of raping a 15-year-old girl.
A Mackay man has been accused of raping a 15-year-old girl.

‘Your daughter is mine now’: Man accused of rape

A MAN has been accused of shocking offences against a teen including rape, child molestation and possessing child porn images linked to an alleged relationship with an underage girl.

Prosecutor Joshua Morris said the 15-year-old victim was intellectually impaired.

Mackay Magistrates Court heard she had been contacted many times by the 24-year-old man between October 5 and October 13, 2019.

Mr Morris alleged on one occasion the man had told the victim's mother "Your daughter is mine now" and "I know where you live".

But during a bail application the defendant's lawyer said the girl had sent messages to the man that indicated she was proactive in organising sexual interactions and was "reasonably literate".

Barrister Phil Moore said the girl had told his client she was being physically abused by people in her house and wanted to get out.

"She had sent him messages organising a meet up and asking him to come and get her," he said.

"While she is not legally able to consent to anything due to her age, there was a certain amount of proactivity on her behalf in sending the child exploitation material to my client."

The court heard the man had been living with his mother in Mackay but had been homeless on a number of occasions. He is currently taking antipsychotic medication and has a history of drug use.

He is facing six charges including indecent treatment of children under 16, possessing restricted items, rape and possessing child exploitation material.

Mr Moore pushed for bail, arguing his client would comply with conditions including attending rehabilitation sessions and a night-time curfew.

But Magistrate Mark Nolan denied the bail application declaring the man, who cannot be named for legal reasons, was an "unacceptable risk" to the victim.

Mr Nolan said there were no conditions he could impose that would prevent the man from committing further offences while on bail.

"In regard to the nature and seriousness of the offences, the history of previous grants of bail and the strength of evidence against you, there is no way to properly mitigate the risk of you endangering the welfare of the victim," he said.

The man was remanded in custody and the case will return to court on December 11.