A Youth Olympian has been ordered to stand trial over charges he raped a woman by falsely claiming he was wearing a condom.
Ned Middlehurst, 21, has pleaded not guilty to the charges of rape and making a false or misleading representation, which the Melbourne Magistrates Court heard arose from an instance in 2021 where he had sex with a woman who was under the belief Mr Middlehurst was wearing a condom.
The order to stand trial was made by Magistrate Johanna Metcalf despite his lawyer arguing there was insufficient evidence to substantiate the charge of rape.
Sam Norton, for Mr Middlehurst, says there is evidence that “plainly gives rise to the belief” the act was consensual.
But prosecutor Shivani Pillai said it was open for a jury to decide the charge, and said the alleged victim had “insisted” on wearing a condom.
Mr Middlehurst, from Bittern on the Mornington Peninsula, represented Australia at the 2018 Youth Olympics in Buenos Aires, where he competed in sport climbing.
Ms Metcalf committed Mr Middlehurst to stand trial before a jury in the County Court.
His next appearance will be for a directions hearing in the County Court on October 10.
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