Robert Stephen James Elphick: Accused child rapist let out on bail, indicates he will fight allegations

An Albany man accused of raping and throttling a 14-year-old girl in a park has been granted bail and indicated he plans to fight the allegations. Robert Stephen James Elphick appeared in custody in Albany Magistrates Court on Tuesday charged with aggravated sexual penetration without consent and impeding another person’s normal breathing. Mr Elphick is accused of raping and throttling a 14-year-old girl outside Albany Leisure and Aquatic Centre on October 26. He allegedly lured her there after messaging her on a social media platform with the promise of alcohol in exchange for sex. Representing himself, the 36-year-old requested an adjournment for legal advice and applied for bail, which police prosecutor Sgt Mike Russell opposed. Sgt Russell said Mr Elphick’s criminal record includes 49 “criminal outcomes” — ranging from weapon and drug offences to offences against another person — and he was previously convicted of stalking while on a suspended imprisonment order. Sgt Russell said CCTV footage placed the girl and Mr Elphick at the scene of the alleged offending and that Mr Elphick destroyed a mobile phone he was due to hand in to police on Monday. Mr Elphick said he had sold the phone as the screen was cracked. He said he was willing to comply with any bail condition but was uncomfortable having his address read out in court, saying the child’s father had threatened to slit his neck and has friends at Albany Regional Prison waiting for Mr Elphick. Mr Elphick said it would be “great” to get bail to get his affairs in order and save money for a lawyer. Magistrate Melita Medcalf said the seriousness of the charges “cannot be downplayed” and acknowledged Mr Elphick’s criminal history and the strength of the prosecution’s case. Ms Medcalf acknowledged Mr Elphick’s indication to plead not guilty and said that a backlog in the District Court meant it could be 18 months to two years before the case goes to trial. Mr Elphick was released on bail with a $2000 surety, a $5000 personal undertaking, and reporting conditions every Monday and Thursday to Albany police station. He cannot make, or attempt to make, any contact with the child and cannot be in possession of any electronic devices that he can communicate with. No residential condition was imposed. Mr Elphick will next appear in Albany Magistrates Court on January 2, 2025.