Former NSW Police Officer Accused of Raping Teen at Station in 1998
A former New South Wales Police constable has faced court accused of raping a 17 year old girl inside a police station while on duty and in uniform, with the jury told he allegedly supplied the teenager and her friend with confiscated alcohol months before the incident.
The Allegations in Detail
David Robert Blackbourne, 56, has pleaded not guilty to two counts of assault with act of indecency, two counts of sexual intercourse without consent, and one count of misconduct in public office. The alleged offences date back to 1998, when Blackbourne was 28 and serving in a rural NSW town near the Victorian border.
His trial began on Monday at the Downing Centre District Court in Sydney and is expected to last five days. In their opening address, prosecutors alleged the teenage girl, who cannot be identified for legal reasons, knew Blackbourne only as Dave after meeting him on a few occasions while he worked on a separate case.
Sequence of Events
According to the Crown, in late 1998 the teenager was walking with a friend when Blackbourne and another unidentified officer offered them a lift home. They allegedly insisted on first stopping at the police station, where the officers offered the girls alcoholic drinks they claimed had been confiscated. The teenagers were then given a tour of the station and cells before being dropped home.
A few months later, the Crown alleges Blackbourne picked up the girl, who had recently turned 17, from a local pub in a marked police car. He is accused of placing handcuffs on both her wrists and putting his tongue in her mouth without consent.
In October 1998, the complainant alleges she attended the local police station after arranging to borrow a police hat as a costume. Blackbourne, in uniform, allegedly said you are not leaving yet before kissing her and putting his tongue in her mouth without consent. He is then accused of having sexual intercourse with her without consent.
Investigation and Charges
The alleged victim first spoke to Victoria Police about the incident in 2016. The New South Wales Police Force took over the investigation in November 2021, and Blackbourne was arrested and charged in 2023.
Defence Response
In his opening remarks, defence barrister Matthew Johnston SC strongly disputed all allegations. He denied that Blackbourne ever picked up the complainant, handcuffed her, kissed her, or engaged in any sexual intercourse, with or without consent. While not disputing that Blackbourne was an acting police officer at the time, the defence strongly contests the acts of sexual intercourse and misconduct.
Johnston urged the jury to examine the evidence carefully, noting that the incident occurred more than two decades ago. He questioned whether the complainant had actual recollections or whether they were adopted following a phone call with a police officer in 2020.
Judge Huw Baker SC reminded the jury that the burden of proof remains with the Crown to prove the allegations beyond reasonable doubt.
FAQ: Key Questions About the Case
What charges does David Blackbourne face?
He faces two counts of assault with act of indecency, two counts of sexual intercourse without consent, and one count of misconduct in public office.
When did the alleged offences occur?
The alleged offences occurred in 1998, when Blackbourne was 28 and serving as a police constable in rural New South Wales.
What is the defence argument?
The defence strongly disputes all allegations, denying any sexual contact or misconduct, and questions the reliability of evidence given the time elapsed since the incident.