Milne rape charges dropped
AAP
Former AFL player Stephen Milne could escape with a fine for indecently assaulting a woman after rape charges against him were dropped.
The former St Kilda player pleaded guilty to indecently assaulting the 19-year-old at a teammate’s house following a drunken night out in 2004.
Milne, 34, had been due to face trial charged with three counts of rape later this month.
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But he pleaded guilty to the lesser charge on Thursday after the Office of Public Prosecution withdrew the rape allegations.
Milne indecently assaulted the woman in a darkened room, with former Saints teammate Leigh Montagna and another woman nearby.
Prosecutor Mark Rochford SC said the victim had believed Milne was Mr Montagna.
“The accused was reckless as to whether the complainant was consenting or not to the relevant act,” he told the Victorian County Court.
Milne met his victim and her female friend at the St Kilda Football Club family day in March 2004, the day after the club won the pre-season premiership.
The court heard Milne, Mr Montagna and the two women met later that night at Mr Montagna’s house.
Milne’s barrister Philip Dunn QC said the offending occurred against the backdrop of alcohol consumption and in a darkened room with four people.
But he acknowledged Milne had offended after the victim had been clear in saying no.
“His recklessness was a misread of the situation,” Mr Dunn said.
“It was an attempt to get her to change her mind.”
Mr Dunn said Milne should be punished by way of a fine without conviction, saying the offence occurred 10 years ago and Milne was otherwise a man of good character.
Milne faces a maximum sentence of 10 years imprisonment on the charge but Judge Michael Bourke said a fine seemed the most appropriate punishment.
He said he was undecided on whether Milne should be convicted.
Milne and his family had suffered through a decade of verbal abuse by football fans and the wider community, Mr Dunn told the court.
He said Milne’s family and friends were often bought to tears by AFL crowds chanting “rapist” when he played.
Milne’s wife Melissa Milne told the court she was insulted by a Kmart employee when she went to have photos printed of her husband’s 250th game.
She said the employee asked her: “Why would you want photos of him? That rapist Stephen Milne.”
Mr Dunn said Milne was unemployed as a result of the allegations and publicity surrounding the case, after retiring from the AFL in 2013.
Milne was supported in court by his wife, father, brother, St Kilda captain Nick Riewoldt and former Saints player Lenny Hayes.
Milne will be sentenced on November 18.